JUBA, WAU AND MALAKAL COMMUNITY PLANNING FOR RESETTLEMENT

2007

This publication was produced for review by the United States Agency for International Development. It was prepared by Creative Associates International, Inc. PREPARED BY:

Bradford Brooks Deborah Kimble Fernando Murillo David Scribner

Creative Associates International, Inc.

PREPARED FOR:

United States Agency for International Development (USAID) Contract No. 623-A-00-05-00318

JANUARY 2007

DESIGN & LAYOUT graphics/Creative Associates International, Inc. CONTENTS

EXECUTIVE SUMMARY ...... 1 Introduction ...... 1 Findings...... 2 Recommendations...... 3 I. OVERVIEW ...... 5 II. REINTEGRATION ...... 7 RRR Estimates ...... 8 Monitoring and Tracking ...... 9 Government Preparation for Reintegration ...... 10 Actual Return ...... 11 Disarmament and Demobilization ...... 13 Facilitating Reintegration in Garrison Towns ...... 13 Recommended Actions ...... 14 III. LOCAL GOVERNANCE ...... 17 Governance Structures and Capacity ...... 17 Role for Local Government ...... 17 Challenges to Participatory Town Planning ...... 17 Current Governing Structures ...... 21 Observations and Key Findings...... 25 IV. TOWN PLANNING ...... 27 Current Situation in the Three State Capitals ...... 27 Strategies For Rapid Urban Growth ...... 35 V. CONCLUSIONS AND RECOMMENDATIONS ...... 41

APPENDIX I OVERVIEW OF HISTORICAL LAND TENURE IN SUDAN ...... 45 APPENDIX II CHANGES IN JUBA, OBSERVATIONS FROM FIELD SURVEY ...... 53 APPENDIX III POSSIBLE NEXT STEPS USING ACTIVITIES FOR A...... 55 PARTICIPATORY TOWN PLANNING APPENDIX IV GLOSSARY AND ACRONYMS ...... 59

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT i

LIST OF FIGURES

FIGURE 1 PROPOSED GOVERNMENT STRUCTURE FOR SOUTH SUDAN ...... 21

FIGURE 2 MAJOR SOURCES OF REVENUE ...... 22

FIGURE 3 REGISTRATION/LICENSE FEES ...... 23

FIGURE 4 GOVERNING PRACTICES FOR JUBA,WAU AND MALAKAL ...... 24

FIGURE 5 POPULATION ESTIMATES FOR JUBA,WAU AND MALAKAL...... 29

FIGURE 6 CURRENT & FUTURE TOWN AREAS/INFRASTRUCTURE PRIORITIES ...... 29

FIGURE 7 LAND DENSITIES AND USAGE ...... 32

FIGURE 8 PUBLIC SERVICE PRIORITIES ...... 32

FIGURE 9 ADMINISTRATION AND TECHNICAL CAPACITY ...... 34

FIGURE 10 POTENTIAL PROSPECTS AND PROBLEMS ...... 34

FIGURE 11 EXPANSION VARIABLES FOR THE THREE TOWNS...... 36

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT iii EXECUTIVE SUMMARY INTRODUCTION ticularly as it relates to land tenure, land allocation and town planning. Creative Associates International Inc. (Creative) has been implementing Specifically, USAID tasked Creative with USAID’s Strategic Participatory Town the following: Planning (SPTP) project in Southern • Conduct municipal land administra­ Sudan since 2005. This project uses town tion and town planning assessments planning as a cross-cutting tool to ad­ in Juba,Wau and Malakal; dress converging issues of land tenure, resource management and reintegration • Assess current governance issues and of returning populations. By bringing to­ capacity as they relate to land tenure, gether stakeholders at the national, state land allocation, town planning and and local levels, as well as traditional and resettlement of returnees. community leaders, participatory town • Identify challenges to the successful planning builds capacity of government resettlement of returning populations officials; raises awareness about competing to the three target cities and make interests; empowers local and often disen­ recommendations to address these franchised populations; and offers a viable, challenges; sustainable mechanism to address issues related to land tenure, land allocation for • Develop concepts for a guided land returning populations, and future growth development project for sub-division of different towns within Southern Sudan. and allocation of property in targeted municipalities for ex-combatants, As part of this project, Creative made a IDPs, refugees, and landless poor. detailed assessment of the new capital, Juba1. USAID then asked Creative to The report provides a brief overview of undertake similar assessments for the reintegration issues as well as available garrison towns of Wau and Malakal, the data on returnees. Although the data respective state capitals for Western Bahr provide indications, the team’s ability to Al Ghazal and the Upper Nile, and to collect comprehensive data on return­ update information on Juba. Because of ees was constrained by several factors their strategic, political, and geographic im­ outlined in the report. The next section portance, USAID asked Creative to assess provides an overview of issues pertaining the three towns’ capacity to absorb the to local governance. Section IV provides anticipated influx of returnees as well as an in-depth look at town planning is­ the towns’ capacity for town/community sues. In addition, we have included within planning for resettlement and to iden­ the appendices background information tify obstacles to this process.This report pertaining to land tenure issues as well as provides information on the status of recommendations for potential next steps. returnees; issues that affect the ability of the three state capitals to plan for urban expansion, with a focus on reintegration; and their local governance capacity, par­

1 See Creative’s November 2005 “Juba Assessment Town Planning and Administration” CA NO. 623-A-00-05-00318.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 1 FINDINGS • Currently decisions are primarily made at the state level with little l There is no overarching government involvement from local officials. sponsored plan for resettling return­ ees; nor is there a clear mechanism • Since the formation of the Govern­ for balancing the interests of current, ment of Southern Sudan (GOSS), disadvantaged residents with the governments at the central, state, and needs of returnees or the longer- municipal levels have made progress term need to plan for returning in advancing their administrative, populations within the contexts of management, and technical capacity. urban growth, economic develop­ To date, the major focus has been ment and social welfare. As a result, to stabilize and build capacity at the returnees are being held in way state level. Equal attention needs stations, camps outside of towns or to be focused on the capacity of crowding into homes of friends and local government officials. Further families within urban boundaries and enhancements in local capacity for ex-urban peripheries. planning, land survey, land tenure, and urban-related fields are critical to the l With respect to reintegration, the re­ sustainable implementation of a com­ sponsible Southern Sudanese entities munity-based reintegration plan. appear to be under-funded and weak organizationally; there is no compel­ • Despite the decades of civil strife, in ling political reason for the Khartoum many areas, including Wau, Malakal, government to depopulate the squat­ and Juba, a system for recordation ter camps around Khartoum. Inter­ of property and title does exist. It is national agencies and organizations unclear, however, how the different have been unable to effectively utilize frameworks, e.g. the Comprehensive the data that have been collected in Peace Agreement (CPA), the GOSS, any coherent, manner to better effect the GOS, the GOSS constitution and planning for reintegration. the individual state constitutions will ultimately affect the current mecha­ l Although the returns are not as high nisms. The different frameworks hold as anticipated, nevertheless they are the potential for creating more, not posing serious challenges to gover­ less, confusion. nance systems already overtaxed. Pressures on existing landless poor • Although land lease records are are compounded by the growing imperfect and incomplete in many returnee dynamic. neighborhoods and inevitably land ownership will be contested, there is l Officials at the state, country, munici­ also consensus as to the land man­ 2 pal, and payam levels are grappling agement and administrative proce­ with the return of internally displaced dures across all three municipalities, persons (IDPs) as well as refugees, providing a possible standardized but are hampered by limited man­ approach. Perhaps most significant is agement capacity, poor coordination, that Wau and Malakal have available conflicting legal frameworks, and land that has logical relationships to insufficient resources. the existing cities for development of new plots.

2 Payam is an intermediate administrative level of local government between the county and boma. Boma is the lowest level of local government-a chief’s area.

2 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT • Though the needs of these municipali­ • Guarantee beneficiaries a legal right ties remain enormous, there is reason to their land in order to provide to be guardedly optimistic about security as well as a capitalized asset the three towns’ capacity to manage that anchors them to the community urban growth issues effectively. and promotes sustainability.There is a risk that reintegration and resettle­ RECOMMENDATIONS ment schemes without legal guaran­ tees or personal capital investment • Involve GOSS officials (local and national) as well as local community/ on the part of local low-income tribal leaders in the town planning beneficiaries might result in future process. Local government officials displacement and/or benefit only need to perceive guided land devel­ wealthy individuals.

opment as a means to ease urban • Use donor funds and the GOSS growth pressures, enhance municipal budget dedicated to infrastructure property values, and generate lease development to develop coherent and tax fees. In addition, land devel­ programs and community-based opment plans will need the support infrastructure projects which offer and active participation of local tribal venues for initiating best practices for leaders.The latter must participate in local government and for providing approving the land needed for urban basic services to local populations. extension, including the land for sub­ division and reintegration.

• Design urban reintegration plans to comply with, and complement, existing policy and structures for land leasing within the municipality.The ex­ perience of reintegration programs in other countries confirms that access to legal and consistent land rights is a prerequisite for success. Since the historical urban land tenure system is the current viable, legal option for land distribution in Southern Sudan, it can provide the framework for the proposed reintegration plan.

• Include returnees within the fabric of the existing town; do not separate them from current residents. Reserve half the plots for settlement by the local laborers; the remainder should be leased under the direction of local municipalities.This provides for a potential win-win approach be­ tween the municipality and local tribal leaders whose perspectives on land development don’t always coincide.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 3 1. OVERVIEW he signing of the CPA in January 2005, along the main western overland return Testablished a framework for a new route from Khartoum, east Central Africa Government of National Unity, including and northern Congo (Zaire). Malakal is provisions related to the authorities of the the initial entry point along the White different levels of government (national, Nile from Khartoum and Kosti, a main UN state and local) as well as the return, staging point for returnees headed south recovery and reintegration (RRR) of from Khartoum. refugees and IDPs. Estimates run as high All three towns are characterized by a as two million people who may return built environment consisting of colonial to their homes in Southern Sudan from English commercial structures and single- neighboring countries as well as internal family homes.They each have functional locations. Such a large influx of people airports and direct access to major water­ would severely tax the new GOSS which ways. is building its government structures, in many instances, from the ground up. During August 2006, Creative sent teams to all three towns to interview stakehold­ Juba,Wau and Malakal historically are the ers--state and municipal public officials, epicenters of the three former regions-- land officials, town planners, tribal and Equatoria, Bahr El Ghazal, and Upper Nile­ community leaders--on their perspective -and continue to be important strategi­ on the challenges that rapid growth might cally, economically and politically. During create including the potential impact of the civil strife, these towns, among others, returnees as well as issues related to were used as garrisons by the government those who stayed in the garrison towns in the North, meaning that they were during the civil war.This report reflects controlled by Khartoum and for the most these findings. part outside the influence of the SPLA/M. Now, these three towns remain key hubs, located along the traditional transporta­ tion corridors of Southern Sudan.They are also three of eight field offices for the U.N. Mission for Sudan’s Return, Reinte­ gration and Recovery (UNMIS/RRR); as such they represent a natural destination for both refugees and IDPs. Juba is the capital of the GOSS for the new govern­ ment of Southern Sudan as well as the state capital and county seat. Malakal and Wau are the state capitals for the Upper Nile and Western Bahr El Ghazal. Juba is situated in the southern-most part of Southern Sudan, just north of Uganda along the White Nile.Wau is located Tukul huts are the predominant structure found in Juba’s Munuki district.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 5 II. REINTEGRATION eintegration is the process by which Under the old regime, garrison towns fell Rreturning ex-combatants, IDPs and outside the sphere of influence of the refugees adapt, economically and so­ SPLM/A. Further, GOSS officials’ and their cially to their home communities after international partners’ knowledge and ex­ a protracted absence due to conflict or perience create a bias toward rural areas. natural disaster. An essential concept of Historically, the SPLM and the interna­ reintegration is that the returnee’s socio­ tional donors assisted the rural poor and economic status becomes equal to his/ displaced who were under the SPLM’s her host community’s members. purview, and the SPLM is heavily invested - philosophically and politically - in its rural From a reintegration perspective, the gar­ base. The mantra of the late SPLM Chair­ rison towns of Southern Sudan represent man, Dr. John Garang,“take the village to a different and more complex set of chal­ the people” was brought up repeatedly in lenges than towns and villages in the rural interviews with SPLM officials when dis­ areas. Because the Khartoum regime cussing planning for urban expansion and maintained control of them during the reintegration. Urban growth is viewed by civil strife, these towns’ governing adminis­ these officials as inevitable but not a prior­ trations, however weak or moribund, still ity; thus urban planning is also relegated to retain staff, policies and procedures based a secondary status.3 on either Khartoum or colonial systems­ -and with that the concomitant power Land issues also reflect this bias. Until base. 2004, the only laws or practices governing land in SPLM areas were customary laws.4 The extension of GOSS authority into Since then, the SPLM and its international these towns has caused confusion, and in partners have struggled with integrating many cases, resentment by the old guard, statutory land tenure laws and custom­ even if their political sympathies lie with ary practices, the limits of each system’s the GOSS. An absence of clear policies authority, and providing a legal framework and--at times--weak technical capacities that captures the GOSS perspective con­ of the GOSS officials, who now nominally cerning land tenure and stewardship. The control resources, exacerbate the situa­ GOSS commitment to the “land belong­ tion. Issues around urban land tenure are ing to the people”, combined with the illustrative.There is a policy vacuum con­ abuses of the statutory system under the cerning land tenure which has resulted in colonial and Khartoum administrations, a paralysis of land allocations in Juba, Mal­ has made for much discussion but little akal and Wau. Lack of an official, national policy making to date. policy or legislation regarding land tenure within the garrison towns compounds the Underlying these issues is the core reintegration issues. question of who controls the wealth (oil revenue, agricultural yields, lease hold­

3 This issue and its logical conclusion, i.e., that the vast majority of reconstruction monies should be dedicated to the rural counties surfaced with SRRC and SSDDRC officials, as well as an ethnocentric municipal administrator. The prevailing view was that if there were development and opportunities in the counties, then there would be no need for people to migrate toward the towns; it therefore followed that urban growth was a necessary evil, but certainly not a priority.

4 In Southern Sudan, statutory property rights are applied to land ownership with garrison towns. Statutory land is de­ fined as land that is surveyed and leased with rights upheld by the Court. Customary land systems, however, predomi­ nate. Access to customary lands is managed by tribal leaders including chiefs, spiritual leaders and elders.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 7 ings, etc.). For example Juba is sited within The GOS, whose Humanitarian Aid Com­ the homeland of the Bari tribe. The Bari mission (HAC) has a scabrous history Council proposed that they be given a with Khartoum IDPs, has done little to percentage of all profits of companies positively influence their return South. within the city limits,5 or indeed, within In late 2005, there were an estimated four the Council’s homeland. This is not an million IDPs throughout greater Sudan, isolated issue. As a Sudan Relief and with roughly half living in the Khartoum Rehabilitation Commission (SRRC) senior area.7 Another 385,000 refugees were executive remarked,“We realize that with verified in October 2005, in seven neigh­ the GoNU, statutory law must prevail, boring asylum countries.8 Since signing because a ‘this is yours’ mentality is easier the CPA in January 2005, SPLM au­ for them than a ‘this is ours’. But after the thorities and international agencies have referendum we shall see what we do with braced themselves for a massive onslaught our customary rights.” of returnees to southern Sudan. These RRR ESTIMATES expectations stemmed from “surveys of intentionality”, carried out in late 2005 The GOS, GOSS, and the UN each have in refugee camps (by UNHCR) and IDP a policy framework6 that governs return camps in the North (UNHCR, OCHA, of refugees and IDPs. Each framework IOM).The surveys showed a majority of calls for an informed and voluntary choice Khartoum respondents wanted to return by the displaced to return or relocate to their areas of origin. 9 to an environment where his/her stay is sustainable in terms of economics, security, Factors for returnees coming home, health and sanitation. beyond the obvious desirability and at­ tractions of one’s homeland, are security The biggest distinction among the dif­ (both in the destination and in the area of ferent entities is that as of the writing displacement), access to land, and per­ of this report, the UN did not sanction ceived quality of life opportunities. In a the promotion of IDP returns.The UN survey conducted among IDPs in Khar­ contended that the destinations lack toum10 when asked what they would like infrastructure, absorption capacity and en­ to have in their homeland upon return, vironments for safe physical, legal material the most frequently mentioned services in and sustainable for returns. Security issues order of priority were: education, settling have been a primary obstacle to return their families, health and employment. and repatriation. The GOSS, with an eye Others commented on the difficulty they to the upcoming census and ultimately the foresaw in returning to an agricultural 2011 referendum, wants as many of its lifestyle when they are now educated but citizens as possible relocated to the South lack job opportunities. before the census enumeration in 2007.

5 Interview with Merikia Municipal Administrator

6 “Joint HAC/SRRC policy framework for the return of displaced persons in post-conflict Sudan,” finalized in July 2004. UN Policy Framework on Returns for Southern Sudan and the Three Areas, July 2006.

7 Most of those in Khartoum originally come from the border areas of Nuba Mountains, Southern Blue Nile and Abyei. UN Commission on Human Rights, February 2006.

8 The Democratic Republic of Congo, the Central African Republic, Kenya, Uganda, Egypt, Eritrea and Ethiopia

9 Fifty one percent of those IDPs surveyed planned to return home, 17 percent planned to stay in Khartoum, while 30 percent were undecided.

10 Khartoum State Interagency Rapid Assessment Report, F.A.R., IOM, IRC, Medair, MSF-F, OCHA,War Child, 19 January 2005.

8 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MONITORING AND TRACKING People are returning to their homeland in substantial numbers. Impressively, to date, despite the return of perhaps one million people since January, 2005, there has been no major humanitarian disaster. In the North, in order to facilitate returns, the GOS HAC collaborated with IOM and OCHA to develop an operational framework to track and monitor IDP movements from the North.11 The South witnessed a similar collaboration between the Sudan Relief and Rehabilitation Com­ mission (SRRC) and OCHA for south- south migrations as well as to receive those from the North. Under the frameworks for returnees, objectives include:

• Capturing valuable information UNHCR Map of Expected Repatriation Movements, Southern Sudan 2003 regarding returnee numbers, routes, destinations, vulnerabilities and trends These systems have been in place since to assist with reintegration planning in late 2005 in all ten states in southern areas where large numbers of return­ Sudan, but actual geographical coverage ees were anticipated; was limited during the ‘05-’06 dry season months (ending in May 2006).The track­ • Through the tracking and monitoring ing and monitoring component has had its component’s implementation, en­ share of glitches12 that inevitably arise with hancing the capacity of HAC and the multiple partners, but routine operational SRRC (in terms of leadership, guid­ difficulties have been or are being ad­ ance and administration); and dressed.

• Better ensuring the protection of For refugee tracking, the UNHCR gath­ returnees throughout their journey ers data in its camps in the seven asylum by tracking and monitoring along the countries.To date, four main corridors major routes of return. have been opened into southern Sudan from Uganda, DRC, Kenya and the CAR.

11 The UN does not have a separate entity for IDPs (such as UNHCR for refugees). Instead the IDP population is ad­ dressed sectorally. To fill some program and delivery gaps for IDPs in Southern Sudan, OCHA requested the UNHCR to be the coordinator for Eastern and Western Equatoria and the Blue Nile; all other areas in Southern Sudan fall under the coordinating body of the OCHA’s RRR unit.

12 Such as constrained geographical coverage, longer-than-anticipated database development, communication difficulties, and procedures and systems incompatibility between the North and the South.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 9 As with the IDPs, refugee monitoring takes place en route, at the tracking stations. Previ­ ously unassisted individuals (such as unfa­ cilitated, spontaneous returnees) can apply to a UNHCR office either en route or at Distribution of Tracked Returnees by State of Final Destination their destination, and if found vulnerable can (November 2005 to June 2006) receive basic humanitarian assistance. GOVERNMENT PREPARATION FOR REINTEGRATION In terms of reintegration, governmental effectiveness and capacity-building is more worrisome. The SRRC, for example, remains grossly under-funded and weak organization­ ally and effectually, while there is no compel­ ling political reason for the HAC to depopu­ late the squatter camps around Khartoum. International agencies and organizations have been unable to effectively utilize the data that have been collected in any coherent, effective manner to better effect planning for reinte­ gration. For IDP movement data, information is collected along major return corridors at 28 tracking points in Kosti, South Kordofan, Abyei, and South Darfur.Those tracked are directly interviewed, so this information is ac­ curate and up-to-date insofar as numbers ac­ tually returning, their displacement points and intended destinations.The data collected also give a good historical impression of trends and movement patterns, although whether one can extrapolate future movements for planning from these numbers is arguable.13 Despite the findings of intentionality surveys, there appears to be no proactive reinte­ gration planning based on them.What the Source: IDPs Tracking and Monitoring Report, IOM, November 2005-June 2006 tracking and monitoring system is currently valuable for is prioritizing and targeting return and reintegration funds in those areas known to have received large influxes of returnees over the last year.This reactive planning cre­

13 For example, during November 2005-June 2006, the top three destination states through these tracking points for returnees were Southern Kordofan (29,196), Upper Nile (14,335), and Northern Bahr el Ghazal (12,478). These movements probably reflect the dynamics of IDP perceptions of security, opportunities and potential in these destina­ tion areas-perceptions which might shift to other areas the next dry season or the one after that.

10 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT ates a more protracted and difficult transi­ had assisted home some 82,000 IDPs and tion from relief to recovery. 11,185 refugees.The number of spontane­ ously returned refugees since 2005 totals Data collection for planning purposes is 72,162.14 The second 2006 returns season further undermined because the sponta­ had just started at the time of the writing neous nature of the majority of returns this report, and UN planners expected has rendered accurate, reliable assess­ that at least 50,000 IDPs would partici­ ments of IDP returnee numbers impos­ pate in organized returns.The UNHCR sible. estimated another 21,000 assisted vol­ ACTUAL RETURNS untary returns the upcoming dry season (the year’s targeted 30,000 minus those Returns have been much slower than already home).The number of spontane­ expected, particularly in the case of refu­ ous returns was unpredictable. gees.The UN estimated that during 2005 about half a million IDPs returned to their In addition to international and national areas of origin, and planned operationally interventions, state governments in South­ for another 680,000 to do so in the dry ern Sudan have organized and financed seasons 2005 - 2006.This planning figure returns: Northern Bahr El Ghazal au­ broke down to: thorities claimed that they have returned around 13,000 people in the period since • 140,000 refugees January. Unity State returned around 2,100 in late April and finalized plans for • 60,000 organized IDP returns return of a further 3,000 in May.Warrap • 480,000 spontaneous IDP returnees State returned 2,860 IDPs in March.The International Organization for Women As of the end of the last dry season Care in Defected Areas assisted 406 (May/June 06), the UN and its partners returnees to Southern Kordofan.

Source: IDPs Tracking and Monitoring Report, IOM, November 2005-June 2006

14 The majority of repatriating refugees have come from DRC (34,525), Uganda (20,181), Ethiopia (14,482), the CAR (11,670) and Kenya (1,699).

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 11 Source: IDPs Tracking and Monitoring Report, IOM, November 2005-June 2006

12 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT It is impossible to ascertain how many the writing of this report.The political and of these returnees came into garrison military insecurity in some parts of the towns.The way stations are not repre­ South--including continued anti-SPLM mili­ sentative; for example in Malakal and tia activity by “non-affiliated” OAGs--com­ Wau, the policy has been to feed and bined with the 2011 referendum, makes it shelter the returnees for several weeks doubtful whether complete DDR will take and then send them off. How many have place any time in the near future. stayed and settled in town is not known. There are, however, populations affiliated In Juba’s Lologo Way Station, the problem with the SPLA and OAGs which need is much the same, although the UNHCR resettlement and reintegration.The SSD­ tracked and monitored a total of 140 DRC, in conjunction with UNMIS, is in the individuals permanently moving into Juba process of executing a survey in the SPLA in 2005-2006. Since August 2005, ADRA assembly areas of what they consider has tracked and monitored along the Nile vulnerable groups, i.e., orphans, the war river corridor, some 16,752 into Juba and disabled (physical as well as mental), small its environs. children of SPLA soldiers, and female The UN is concerned that many of the camp followers. returnees are coming without adequate Neither the SSDDRC nor UNMIS would or accurate information about their des­ venture an estimate of potential benefi­ tinations, resulting in new displacements ciaries, but each considered the number if the destination areas have insufficient “substantial”.They voiced the opinion that resources or inadequate security for the women who had children with and/or sustainable return. The UN has enhanced were abducted by the troops without an their information campaigns in the camps, official marriage will have the most dif­ as well as sponsoring more “go and see” ficulty reintegrating. As for ex-combatants, visits to staunch these movements. the elderly, children, and the disabled, the Nonetheless, it is reasonable to assume Commission regards the biggest challenge that the more stable and secure the South to their reintegration to be that of liveli­ is perceived, and the more successful and hoods; psycho-socially, they think the ma­ visible recovery and reintegration pro­ jority of ex-combatants will be welcomed grams are, the more the displaced will be into their communities as heroes.The drawn to these areas. Commission is still in its program design stage and is being assisted by the UNMIS. DISARMAMENT AND DEMOBILIZATION FACILITATING REINTEGRATION IN The Southern Sudan Disarmament, Demobilization and Reintegration Com­ GARRISON TOWNS mission (SSDDRC), instituted in July 2006, Successful reintegration of returning is writing and reviewing policies and populations will depend on stable, pre­ implementing the first phase of Sudan’s dictable environments with minimal basic DDR process. SPLA soldiers and their as­ services in which there is perceived to be sociates, along with other affiliated armed the rule of law, socio-economic oppor­ groups (OAGs), have assembled through­ tunities, and reasonably equitable access out the country at predetermined areas. to these opportunities. Given the current Actual disarmament and demobilization Sudan context, these are ambitious goals, of standing troops had not begun as of though not impossible. A large part of

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 13 return and reintegration has to do with RECOMMENDED credibility and confidence; large numbers ACTIONS of spontaneous returnees to date indicate that people, particularly IDPs, are willing STRENGTHEN CAPACITIES OF to return and have confidence in the living LOCAL GOVERNANCE conditions at their destinations. Utilize urban infrastructure projects to If returnees are to be successfully rein­ forge a credible, workable social con­ tegrated, they must be included in, and tract between local government and contribute to, the reconstruction process citizens. Municipality (payam) and boma (for political, social and income genera­ level structures are particularly lacking tion reasons) and they must be tolerated in absorptive capacity. Urban investment or better yet, welcomed, by the host projects, when developed as coherent community. To facilitate host community programs for local governance capacity- acceptance of returnees, the returnees building, offer hands-on opportunities for should be seen as productive contributors accountable, responsive practices at these bringing positive change and be formally levels, and should be funded. included in local governance initiatives. CREATE MUNICIPAL LEVEL If effective, accountable and transparent PUBLIC-PRIVATE PARTNERSHIPS governance is to be achieved and reinte­ gration successful, new and creative meth­ With the weak capacity and competing ods and techniques for capacity building at political interests of garrison town munici­ all levels need to be explored. palities, combined with the expectations of returnee influxes to potentially exacer­ If other countries’ experiences are any bate sub-standard living conditions, USAID indication, many of these “returnees” will should consider various pilot projects not originally be from the towns, but that capitalize on local resources, leverage rather will have migrated there in search outside funds or resources, and provide of opportunities.This is most probable in practical experiential learning activities for the case of refugees and those IDPs from government and citizens alike. the Khartoum camps, who adapted to a different lifestyle, and they will most likely The creation of a coalition of local stake­ be better educated with more marketable holders to vet, develop, organize, monitor urban skills than those citizens who stayed and evaluate development projects within behind during the conflict. their administrative purviews should be considered. Such a coalition-a public/pri­ A large portion of donor funds and the vate partnership (PPP)-could be a clearing GOSS budget is dedicated to infrastruc­ house for information regarding all aspects ture development. If developed into of recovery, reintegration and recon­ coherent programs, infrastructure proj­ struction. Public information campaigns, ects offer ideal venues for initiating best family tracing information, educational or practices for local government, for com­ vocational training opportunities, employ­ munity-based projects, and for providing ment possibilities, land tenure rights and basic services to local populations. Further, procedures, legal advice and aid, provision they provide a means for both govern­ of any required documentation for ben­ ment and citizens to interact productively eficiary selection requirements, beneficiary with immediate and visible impacts while selection criteria and linkages to I/NGO’s focusing on meeting basic needs.

14 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT and their programs, etc. could be housed here. While such an organization’s role and responsibilities would need to be worked out, with authority and communi­ cation lines appropriate to municipal gov­ ernment, the partnership could safeguard the following objectives:

• Strengthen local government service delivery capacity in terms of adminis­ tration and establish systems that are transparent, accountable and re­ sponsive to the diverse interests and needs of the whole community;

• Enhance collaboration, dialogue and partnership among government, host communities, and returnees;

• Establish checks and balances to pre­ vent misappropriation of funds;

• Foster trust among potentially com­ petitive groups through joint project planning, implementation and mainte­ nance;

• Develop local mechanisms to assess the impact of local initiatives in order to respond in a flexible and timely manner to changing situations and dynamics.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 15 III. LOCAL GOVERNANCE GOVERNANCE decision-making and the reintegration of STRUCTURES AND returnees. CAPACITY ROLE FOR LOCAL This section of the report discusses the GOVERNMENT governing structure established under the The three primary documents which GOSS interim constitution as it relates to detail the role of local government in the the government’s capacity to assist in the overall governing process of South Sudan successful integration of returnees into are the CPA, the Interim Constitution, and Juba, Malakal and Wau. Since the issue the Framework for Local Government. of reintegration directly impacts issues All three underscore the importance of pertaining to the governing structures for local government as an effective level of the allocation of land, this section views government by which to deliver services reintegration through the lens of local to constituents. government, in particular, the ability of local officials to: The CPA states that there will be a decentralized system of government with l Identify, develop and allocate land; significant devolution of powers. The • Define and manage infrastructure; different levels of government (national, and Southern State, state and local) are di­ rected to work in close coordination with l Mobilize community resources. each other and other government organs, Establishing practices that give community to respect each other’s lines of authority and municipal leaders a voice will lead to and to promote cooperation among the 15 more sustainable governance in terms of different levels of government. trust in government, generation of neces­ The 5th Draft of the Local Government sary resources to cover cost of infrastruc­ Framework, written after the CPA was ture, and the creation of a more attractive signed, captures the principles of gover­ investment environment. nance and of local government which The GOSS governing structure is in include civic participation, transparency, transition--establishing new government rule of law, equity and equality subsidiary institutions and sorting out old practices. decisions and functions delegated to the This section examines how the current lower competent level of government re­ government functions vis-à-vis the legal sponsiveness, accountability and efficiency frameworks and the expectations of local and effectiveness. officials set out in the GOSS constitution CHALLENGES TO and respective regional state constitutions; reviews past practices that reflect the role PARTICIPATORY TOWN of local government prior to the CPA’s PLANNING signing; and analyzes how these practices During the transitional phase, there are are impacting decisions related to town certain challenges that must be addressed planning, land development and effective

15 The CPA states that the different levels of government are to respect each other’s autonomy and they are not to encroach on another level’s powers or functions.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 17 when considering how best to build the tion and poor communication among capacity of local government. Being mind­ the various levels of government. Secur­ ful of these challenges as the reintegra­ ing information as it related to number tion of returnees’ progresses will help lay of actual and expected returnees from a foundation that maximizes the role of state and local officials was difficult. For local government once the Local Gov­ example, Malakal, being one of the first ernment Act is passed. These challenges ports of entry for returnees, was regis­ include: tering people as they disembarked from the barges. Obtaining information in this • Making effective decisions during a manner leaves local officials in a reaction­ transitional governing period; ary mode, one which often results in • Balancing the needs of existing resi­ overcrowding on plots. dents in the three cities and those of Finding information on land leases or who returnees; had rights to land was also problematic. • Determining the legitimate decision- Records were missing or had not been makers vis-à-vis statutory law, cus­ maintained; many residents had been tomary law and past practices; forced to flee because of the strife. (State officials in Wau were trying to rectify this • Building a sustainable development problem through a public campaign which environment; and required anyone who did not have a

• Increasing governing capacity. recorded lease to bring their documents into the Ministry so they could be verified Inherent in these challenges are politically and recorded.) charged issues such as the retention of authority and control over issues related In Juba, according to surveys done by 16 to allocation of land, planning and infra­ IRC , there are multiple land claims in structure. the majority of urban neighborhoods. As of the writing of this report, no uniform Currently decisions are primarily made at policy, comprehensive legislation or review the state level with little involvement from mechanism was in place17 which could be local officials.The ability of local officials to applied to property claims or new land voice the concerns of their citizens will be allocations.The lack of these mechanisms, crucial in providing opportunities for plots however, is not catastrophic as long as for returnees and decisions on where to local authorities are perceived to be judi­ locate the returnees. Local officials most cious and fair in their administration of directly interact with residents and must claims. be able to address the concerns they raise as to access to basic health, safety and Complicating the situation further is the shelter. fact that the process of decision making at higher levels is not transparent or acces­ DECISION MAKING DURING A sible for municipal officials. For example, TRANSITION state offices control the operating budgets Making effective decisions requires ac­ of all professional and technical staffs that cess to information. Factors which limit work in counties, municipalities and pay­ the ability to make an effective decision ams. County commissioners set revenue include deficiencies in available informa­ rates and fees for municipalities which do 16 Village Assessments executed mostly for protection of refugee purposes, funded by UNHCR, these surveys provide a wealth of interesting information on the socio-economic conditions of returnees in Juba and it environs, as well as Central Equatoria.

17 A Land Commission formed to tackle these issues was just being established.

18 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT not appear to correspond with cost of As plans move forward that will result in services or allow for expansion of services new land being developed for expand­ at the local level. Municipal officials indicat­ ing urban populations, a conscious effort ed they simply receive the fee schedules; must be given as to who is qualified to they do not develop the budgets for the secure plots in the new developments. A non-laborer class of employees who work universal urban issue is out-migration of locally.Without this type of information, it those citizens with the greatest means to will be difficult to plan, manage and sustain newly developed areas, while those with service delivery. no or limited means are relegated to the poorest and least served (i.e. quality and Other communication problems exist. accessibility of infrastructure) areas of a One official indicated he felt there was city. If this pattern is allowed to occur in a desire to continually limit the author­ the three towns, there will be an expan­ ity of local officials, in particular those at sion of urban ghettos that will lack the the payam or municipal level.They were financial capacity to provide served land not asked to provide input into decisions and quality infrastructure. being made relevant to the planning of their communities.Yet the local officials DETERMINING THE LEGITIMATE feel they are faced with the day-to-day DECISION-MAKERS challenges of responding to people’s Perhaps the greatest challenge is deter­ concerns about the lack of services, and mining who has legitimate decision making the officials should have the opportunity authority.The principal reasons for this to inform higher levels of government of include: the immediate and most pressing needs of the citizens. 1.The limited degree to which the governing framework has been imple­ Some of the communication and informa­ mented which is creating confusion tion concerns can be addressed through and a vacuum of leadership and of proposed town planning councils, but at legitimate authority figures vis-à-vis this time, the councils are limited in scope the intent for giving power to local as to whom they represent, and they have government. not been fully engaged in such planning processes as the Master Plans. 2.The reliance on old governing prac­ tices in the absence of clear delinea­ BALANCING THE NEEDS OF tion of authority, especially at the local RESIDENTS RETURNEES government level. An issue that also needs to be addressed Currently there is considerable uncertain­ is the balance between the problems of tity as to the how authority will be dis­ residents who stayed in the towns during tributed vis-à-vis previous local governing the civil war and those who are returning. practices and the intent delineated in the It was stated clearly by one official that in interim constitution, i.e., customary versus his opinion, those who stayed have equal, statutory law.This uncertainty is apparent if not more, pressing needs than those when discussing the process of identifying, who left. The political will to accept and securing and allocating land for returnees. integrate returnees will be proportional As described above, Malakal continues to the attention paid to the poorest, or to operate under the practices of secur- the landless poor, of those who stayed.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 19 ing land through tribal and community retain their land, and the second is the authorization in the urban area, whereas ability of the government, particularly the Wau officials indicated that they have local government, to maintain the infra­ secured land in the urban area that can be structure constructed to improve land or allocated according to statutory law. Juba to upgrade already developed areas of is somewhere in between. the cities.While sustainability issues are not an immediate concern, attention as to Understanding of responsibilities and au­ how resources can be mobilized now to thorities of state versus local government address the long-term issues of sustain- in terms of governance and specific imple­ ability should be kept in focus. mentation of reintegration projects varies. In Upper Nile State, (Malakal) Ministry of Discussions with state officials in all three Land and Physical Infrastructure officials areas suggest that it will be necessary for view all decisions regarding the develop­ the returnees to have resources to pur­ ment of land as their authority, going as far chase land, or at a minimum, to construct as to stop work being completed under housing on land that they can acquire authorization of the county government. under a deferred payment. While outside In Bahr El Ghazal State (Wau), the state the purview of this project, it will be nec­ officials are making decisions independent essary at some point to determine how of discussion with the local government. returnees can generate an income stream. In Central Equatoria State, (Juba) there is The ability for all residents, both return­ discussion between the state and county, ees and those currently residing in the however, local municipal officials indicated three towns, to pay fees or taxes to cover they are not conferred with, rather they operating cost of services is an additional are told what will happen. challenge.The current revenue structure, Under the interim constitution, there is an which is discussed in more detail in the implied intent to transfer sufficient power next section, generates local fees as set by to local government units as a recognized the county government for some services. group that can effectively deliver services. While collected by municipalities and pay­ Without a Local Government Act, there is ams, these units of government only keep confusion and uncertainty as to how this 40% of the revenues; a modest amount at can intent can be met. best and even these are difficult for most to pay. The structure of local government below the county has yet to be defined. GOVERNING CAPACITY The Framework for Local Government The capacity of all levels of government to anticipates a further decentralization of carry out the charges given them under political authority designed to allow for the GOSS interim constitution and their the greatest participation of citizens in the respective state constitutions is challenged governing process, but current practices in two ways: a high vacancy rate in critical and studies suggest other degrees (or lack positions and lack of any and/or appropri­ of degrees) of decentralization are being ate skills. All professional and technical followed. positions-whether located at the state BUILDING A SUSTAINABLE or local level-are appointed by the state DEVELOPMENT ENVIRONMENT governments.The first positions filled have been at the state ministry level, leaving There are two dimensions related to the many of the local positions, below that of issue of sustainability.The first is the ability administrator or executive, vacant. Ac- of the returnees to secure resources to

20 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT tual numbers of vacancies are difficult to PROPOSED GOVERNMENT determine as not all positions have been STRUCTURE FOR SOUTH created. SUDAN In addition to vacancies in key positions, The focus of this report is on the relation­ the skills necessary to carry out participa­ ship between urban and state, but some tory town planning are limited, as is the discussion of the governing structure understanding of how to implement a for rural areas demonstrates why there participatory process. Discussions with is confusion related to the units of local state ministry officials in Wau suggest that governance that will oversee urban areas. their approach to participatory plan­ At this time, the state-local government ning is to convene a meeting and share relationship makes both municipalities and information.While this is a step in the county governing units subsidiary to state right direction, it lacks a true participatory ministries, but not to each other. methodology. Further, examination of the While this relationship is clear in the orga­ capital budget prepared by Munuki payam nizational chart, it is not clear in practice. administrators does not reveal any strate­ For example, meetings in Wau with the gic planning or community participation in Town Planner suggest authority will even­ the development of the projects. Discus­ tually be granted to counties for manage­ sion with the administrator did not reveal ment of infrastructure in both rural and any such process. Staff from the UN- urban areas. In Malakal, the town planner Local Government Recovery Program distinguished the co-equal status by hav­ shared nascent strategic plans that were ing municipal officials represented on the being developed by county governments Town Planning Councils, but indicated that in various states which suggest that there county officials would be on a separate is a move to introduce effective governing board. practices at the local level. Due to the lack of positions filled at the local level, it is difficult to ascertain the exact skills sets which do exist.The UN-Local Government Recovery Pro­ gram staff, in coordination with the Local Government Board of the President of GOSS Office, was conducting a survey of all local council and administrative person­ nel.The results of this survey should be reviewed and additional capacity support considered. CURRENT GOVERNING STRUCTURES The GOSS proposed structure of govern­ ment clearly illustrates the intent to have formal local government bodies. In the graphic presented below, which defines the organizational relationship between the state and local government, it is clear that urban areas are separately from rural Figure 1. Proposed Government Structure for South Sudan areas.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 21 Assignment of responsibilities which is an tainability of provision of services and will indicator of how authority will be distrib­ not support an income or value base for uted vis-à-vis the organizational chart-is as property tax. follows: Because the states will control land-related FISCAL AUTHORITY revenues, the ability to secure land vis-à-vis payment for land will have to be a negotiat­ The right to set fee and tax rates is split ed agreement between the state ministries among GOSS, state and county levels of of land and physical infrastructure. government, the point of collection is also mixed.The following tables show the pro­ As noted, none of the state officials indi­ posed split for the major revenue sources cated a willingness to give land to returnees and registrations and license fees (typically with out payment at some point. a major source of local revenues). The fees PLANNING AUTHORITY collected locally on behalf of the state are divided between state and local authorities At this time, authority to prepare and at a 60-40% ratio respectively. County gov­ adopt master plans is retained by the ernments are the designated unit of local GOSS and State Ministries of Land and government which again contributes to the Physical Infrastructure. Master plans will confusion as to the role of municipalities. be adopted by the GOSS after review Bomas--as opposed to the municipalities-­ by State Ministries.There is a process by are the only other local unit of government which lower levels of government are to be proposed as of the discussion held on involved, e.g., the Town Planning Councils decentralization in 2004. as convened by the Town Planners at the Ministry level. Discussions indicate that the In discussions with state and local officials, participation of lower levels of government, the establishment of any of the revenue e.g., county, municipal, payams and bomas, is sources listed in the tables did not reflect minimal. When asked what role they (local actual cost of service delivery-in the case of officials) had in developing or contributing registration and license fees, or true market to the development of master plans, the transaction values of land cost.This, in the answer was generally “we were told what long term, will undermine the fiscal sus-

Figure 2. Major Sources of Revenue

MAJOR SOURCES WHETHER TO LEVY BASE RATE ADMINISTRATION/ OF REVENUE INITIALLY DETERMINATION DETERMINATION COLLECTION OR LATER SS Personal Income GOSS Base on an GOSS GOSS GOSS Tax appropriate data collected S Personal Later GOSS/State State GOSS Income Tax Tax on Small & Later GOSS State County Medium Businesses (P) Excise Duties Initial GOSS GOSS GOSS on luxury consumables (P) Border Trade Initial GOSS GOSS GOSS Charges (P) Land Tax (P) Initial State State County 6 Property Tax (P) Initial State State County

22 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT will be done, or I am not sure what the Given the limited resources, there is a base of the proposed plan is.” great opportunity for involving residents, NGOs and other institutions in the provi­ Clearly creating a methodology of in­ sion of services. Through this process, creased participation at this time in the public - private partnerships can be cre­ planning process will establish a strong ated, citizen participation in-kind projects foundation for local government, mak­ can be developed and residents can be ing them more legitimate in the view of involved in labor based infrastructure con­ their residents and lead to more effective struction projects. Local government of­ town plans, ones that correspond with the ficials, as they work on capital projects, can needs of the residents. also gain experience in budgeting, financial SERVICE DELIVERY management and project management, all skills necessary for officials as they are Delivery of services is delegated primar­ transferred more responsibility. ily to local government, from the county down to bomas and blocks.The list of COMPARISON OFCURRENT services provided includes construction CONDITIONS-JUBA, WAU AND and maintenance of interior roads; public MALAKAL health--covering mosquito control, solid The comparison of conditions in the three waste collection, liquid waste collection, urban areas focuses on the practices of waste disposal and health clinics; slaughter local governance being followed during houses; markets and primary education. the time of transition. Emphasis is placed Local governments also approve building on intergovernmental relations, structural permits of class three level plots and col­ designations, general capacity, planning, and lect fees as described above. political will as it relates to reintegration of returnees and allocating land to the landless poor.

Figure 3. Registration/License Fees

REGISTRATION / WHETHER TO LEVY BASE RATE ADMINISTRATION/ LICENSE FEES: (P) INITIALLY DETERMINATION DETERMINATION COLLECTION OR LATER Registration of Initial GOSS State County Property Transactions (P) Vehicle Initial State State State registration (P) Driving License (P) Initial GOSS GOSS County Fire arm registra­ Initial GOSS GOSS State tion/license (P) Business License (P) Initial State State State Hotel /Restaurant Initial State County County/Payam registration Slaughter House Initial County County County/Payam License Night Club License Initial County County County Musical Band License Initial County County Payam/Boma Fishing License Initial State State State Media Licenses Initial GOSS State State Birth and death Initial GOSS State Boma Registration (LGF)

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 23 Figure 4. Governing Practices for Juba,Wau and Malakal

GOVERNING PRACTICES JUBA WAU MALAKAL Intergovernmental Relations • Ministry of Land and Urban • Ministry of Physical Infrastructure • State offices retain significant Development recognizes the County recognizes the need to communicate authority and local government Commissioner as legitimate local with lower levels of government appears to challenge this authority by government authority. and community, however, the local working more directly with commu­ governments units are less estab­ nity.This has caused legal challenges • County commissioner views lished. It is the intent of state to and has diminished quality of service, municipal administrative units as devolve more fiscal authority to local especially in areas of maintaining under his authority. government through use of a block infrastructure such as drainage canals. grant for development. • Town Planning councils include municipal administrators. Structural Designations • Define municipal governing units as • Establish county level and payam • Disagreement at state level as to payams, rather than municipalities. proper designation of municipal units, some indicate no units, others indicate payam exist in urban area. General Capacity • Signs that local administrative •Very weak local government capacity • Based on information received from management capacity is present, UN LGRP, there is strategic planning especially in administrative units of capacity at county level. municipalities. Planning • Role in planning of local government • Role in planning of local government • Role in planning of local government is minimal; however, strategies for is minimal. is minimal. Municipal officials are developing new areas of payam are represented on town planning coun­ reasonable. No formal method of cils with other government officials. including non-government represen­ Little community representation. tation on councils. Political Will As It Relates To • General plan to address returnees is • General plan to address returnees is • General plan to address returnees is Reintegration present. Payam officials have consid­ present. State officials have consid­ present. State officials have consid­ ered areas for new development. ered areas for new development ered areas for new development, however, equal emphasis is given to addressing problems of those who stayed in community during the war. Community Partnerships • Strong NGO community that can • Care International is building capacity • International NGO are established, work with Local Governments to of NGO community and is prepared but no indication of local NGO that create a participatory town planning to coordinate work with participa­ could be partners.This area relies environment. tory town planning process. heavily on previous local structure such communicating with neighbor- hood chiefs rather than NGOs or municipal governments

24 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT OBSERVATIONS AND KEY sary to ensure that the development FINDINGS plans be cognizant of proximity to income generating opportunities and 1.Theoretically, it is logical to establish educational institutions. the levels of government sequentially, starting with the highest levels; the 4.The political reality requires that a reality demands that equal focus be balance be sought between providing given to lower levels simultaneously support to returnees and those who because decisions related to land remained in the three towns during and services need to be resolved. the civil war. It was clearly articulated Responding to the rapid demand for by several local governments, as well decisions in these areas requires that as state officials, that those who re­ local government officials (municipal mained suffered and must have equal administrators) be supported at the opportunity to secure land, income same time higher levels of govern­ and education. ment are. 5. As in almost any country and cul­ 2.To date, the major focus has been ture, as new land is developed with to stabilize and build capacity at the infrastructure, those who have the state level. Meetings and reports most resources are able to acquire demonstrate that this approach is the improved land.The least desir­ showing results as illustrated by the able land is then left for those with technological capacity seen in state limited resources and dysfunctional land survey offices, but there is a infrastructure.There are two possible need to address the capacity of local ways to address this problem: one is government officials, even if it is limit to require a certain part of the newly to playing a more effective role in the developed land be reserved for the participatory process and designa­ returnees or landless poor; or two, tion of infrastructure projects.There redevelop existing neighborhoods is residual local governing capacity at upgrading or repairing infrastructure this level that can be built upon. Many and building permanent housing. of the people who served in adminis­ Without such consideration, the de­ trative positions under previous local velopment of new land could create government acts have knowledge of significant urban ghettos. the issues that must be addressed, and they have a sense of the needs of the community. 3. Securing educational and economic opportunities is clearly a part of the reintegration process that must be addressed concurrently with securing land. For returnees, especially IDPs, to have the ability to compete with ref­ ugees who may have had exposure to educational and economic oppor­ tunities in other countries, it is neces­

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 25 IV. TOWN PLANNING ffective town planning requires that THE CURRENT Estakeholders be involved in the plan­ SITUATION IN THE ning and decision making process, but his­ THREE STATE CAPITALS torically, in Southern Sudan, ministries and town planning commissions created laws TOWN ROLES IN THE REGION, without input from the community. Thus, THEIR HINTERLAND AND there is little precedence or capacity to GROWTH POTENTIAL develop a vision for the community and a greater risk that land use decisions will As state capitals, each town’s influence not incorporate the views of those most reaches beyond its physical boundaries affected--the people living and using the providing basic services to the hinterlands town. The reality of large scale popula­ that surround them as well as to the citi­ Juba tion movements places new demands on zens within each town’s boundary. municipal governments and community Juba supplies social services in a broad leaders to interact at the grass roots level. area that extends to Torit and Yei, in the This section of the report looks at issues south, and Bor in the North.The hinter­ related to town planning in greater depth land is estimated to be at least 100 km2. --the infrastructure, current demands, and For example, rural settlements around potential impediments to implementing Juba use public transport services to ac­ functional plans. cess urban services such as hospitals and public buildings. Among the issues considered are: Juba’s strategic location offers great • The existing situation from the per­ regional potential to link its economy to spective of the territorial challenges of neighboring countries, as well as connect­ rapid extensions of the state capitals- ing it with the northern region by way of taking into account current problems the Nile. At the moment, however, this and potentials and existing administra­ potential is limited by a lack of roads and tive structure for planning. Wau basic infrastructure. When this infrastruc­

• Strategies to deal with rapid urbaniza­ ture is in place, the area surrounding Juba tion and the need for site planning can be expected to grow rapidly. Expan­ involving community participation. sion possibilities in Juba include both sides of the river. • Analysis of the previous structures for administration, current changes to Wau, located along a west branch of the administration and of reintegration Nile, serves an ample micro-region with a in the context of rapid urbanization comfortable climate and suitable condi­ growth. tions for agriculture.The town also has a pattern of rural settlements that comprise • Land information management a relatively undefined hinterland estimated targeting capacity building as a crucial at 50km2-about half the area of Juba’s tool to support master planning, in hinterland. Wau’s commercial activity parallel to the design and implemen­ is linked mainly to the western zone of tation of specific community plans. Southern Sudan;Wau has a scarcity of Malakal

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 27 social services particularly in the area of the north, from the Darfur region or IDPs. health, but it has multiple opportunities to Malakal’s strategic location as the first expand and is only limited by the exis­ entrance through the Nile makes it attrac­ tence of swamp areas. tive for IDPs arriving by ship; it is also one of the major entry points of returnees to Malakal’s is a harbor of entrance into the South Sudan. South from the North. Its sphere of influence is drastically limited by the pres­ ASSESSMENT OF CURRENT ence of mines in the West, which have POPULATION PER forced severe limits to the town’s physical SOCIO-ECONOMIC AND boundaries, creating a compact urban pat­ ETHNICAL GROUPS AND tern. Malakal´s provision of social services PROJECTED POPULATION is limited only to inhabitants of the town. During the conflict, the three state capitals Different ethnic groups living around the saw increases to their population because town do not interact, linking Malakal cul­ of their roles as garrison towns protect­ turally and commercially closer to those ing families.The families who escaped on the Nile than to its surrounding areas. from the war, represent a mixed profile of Possibilities for town expansion are limited income and ethnicity. In each town, one by the mining zone to the East, and the ethnic group comprises the majority of Nile to the West. Malakal’s hinterland the population and political leadership. In coincides with the physical limits of the Juba, the Bari hold this position; in Wau a town. Climate, the presence of different mix of Dinka and other groups; in Malakal diseases, and a decayed urban environ­ the Shulluk are dominant. ment affect Malakal’s potential to attract investment and development. Juba´s demographics have changed signifi­ cantly; the population rose from 114,980 With the CPA, major transformations are in 1993 to 163,000 in 2005, reflecting expected. Among other things, each town Juba’s status as a garrison town. Includ­ will need to provide major urban services ing all returnees, Juba’s population has to urban residents and to neighboring ru­ grown to 250,000-approximately half ral villages. Such a shift would allow each of the Equatoria’s entire population. In town to retain its regional structures while addition, new settlements around Juba avoiding a massive influx into the already add an estimated population of 15,000. stressed urban center. Way stations for If Juba starts to attract large numbers of returnees strategically located around the IDPs and rural inhabitants, there will be an towns are protecting regional demograph­ increased demand for employment in the ic structures; however, evidence of human areas of industry, tourism, construction, settlements, mainly around Juba, shows a etc. Currently, estimates are that Juba will trend in significant regional demographic double its urban population to 500,000 in changes. less than ten years. The issue of returnees will have a signifi­ Wau’s population is estimated at 220,000 cant impact on the demographics in the with a minor demographic dynamic three towns. Juba’s connection with neigh­ related to the 22,000 returnees located boring countries gives it the advantage in five surrounding way stations. It is of receiving refugees from abroad who estimated that Wau’s urban population are more likely to have savings to use to will triple.The availability of land supports resettle. Wau’s easy accessibility by land such projections. makes it attractive for those coming from

28 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Malakal is constrained by geographic Figure 5. Population Estimates for Juba,Wau and Malakal limitations.The presence of 30,000 IDP in way stations in town creates an uncertain JUBA WAU MALAKAL dynamic of people either ready to go State population 560.000 220.000 620.000 back to the countryside or prepared to Current City population 250.000 120.000 100.000 Expected City Population 500.000 320.000 190.000 wait for extension of the town to settle (10 years) there, but it still estimated that Malakal will Percentage of growth 100% 167% 90% almost double its population in ten years, IDP´s in way station in 15.000 (periphery settle­ 22.000 (5 way stations) 30.000 (mostly in town) reaching 190, 000 (Figure 5). the area ments) Malakal, due to existing high population CURRENT AND FUTURE TOWN density, needs to physically expand imme­ AREA diately.The master plan seeks to keep the This population projection is based on currently mined area as a green belt and decisions represented in the master plans from there to grow east with a neighbor­ to extend the towns’ boundaries. At the hood belt, designed as new town, with a time of this assessment, master plans for new pattern of road network (Figure 6). the state capitals are under development. The town structures in each case re­ These plans have identified available areas flect different patterns. Juba combines a for extension of the towns.The process grid and concentric system, adapted to for extension was made through a techni­ the topography of the area. Wau has a cal exercise projecting future populations gridline separated by a green area and and certain density standards resulting in swamp area, and is well planned to supply the extra area needed to accommodate social services that are oriented along a the future population. main commercial road. Malakal presents a In the case of Juba, the master plan fore­ gridline organized along the riverside. sees a significant expansion in all direc­ DENSITY DISTRIBUTION, LAND tions, doubling the geographic boundaries USES AND LAND OWNERSHIP. and crossing the Nile. Such an increase in geographic area is not the case in the oth­ Density distribution in each town reflects er towns because the surrounding swamp a unique combination of demograph­ areas limit expansion. Juba´s master plan ics and land availability. Juba´s densities targets the urban patterns of a modern correspond to the 1-2-3 land categories, city with a suburban belt surrounding the evident with their plot sizes and building pre-existing urban center.The master plan constructions. Formal built area in Juba ap­ builds on assumptions of high-density pears significantly higher than in Wau and residential neighborhoods on both sides of the river and industrial developments Figure 6. Current and Future Town Areas/Infrastructure Priorities outside of town to the southwest. JUBA WAU MALAKAL In Wau, the extension has been based on Current area 40 km2 20 km2 15 km2 creating a ring road separating urban and Extended area 70 km2 30 km2 35 km2 Negotiation for land Bari community (rural) Already subdivided land. Shuluk Kingdom (west rural areas.This implies less area and more extension Already subdivided plots Swamp areas and North). Demining. consolidation of the existing urban center, Governmental land with the intent of creating a suburban Infrastructure priorities Water well pilot plan; New hospital and rehabili­ Water treatment plan; supplied Sanitation; Transport tation of the existing;New Sanitation and drainage; neighborhood belt, but without crossing and new harbour; harbour; Transference 17 km of primary roads; Roads; Rehabilitation of of the airport and waste Electricity the river. governmental buildings; treatment plant Electricity

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 29 Malakal, implying more controlled density Wau, the government also owns a signifi­ distributions. As a result, differing segments cant percentage (even though most of of the population become segregated by this land is swamp.) neighborhood along class lines. A 4th class, Private ownership is significantly high in or the lowest income group, is distributed Wau, and there currently exists a plan to in different locations in Juba. regularize the cadastral system that will Wau is organized around a more rigid require residents to present their legal road pattern, structuring neighborhoods papers to prove ownership. A major that also follow the 1-2-3 land zoning re-urbanization process is expected to categories. Since there is a lower percent­ happen in neighborhoods destroyed dur­ age of formal built area and more mixed ing the war. Malakal presents the lowest land use,Wau seems to experience less percentage of subdivided land occupied social or ethnic segregation.The average per owner that corresponds with the density tends to be higher in Wau (150 highest percentage of informal areas.The inhabitants/has) compared to Juba (119 scarcity of land explains such phenom­ inhabitants/has), reflecting a more socially ena as a rotation of informal users who inclusive approach in the composition of occupy land of the original owner. These the urban fabric. Malakal has extremely informal users begin to share parcels, and high densities (estimated 350 inhabitants/ over time the legal process of ownership has) reflecting the problem of land short­ (that existed with the original owner) age and increased number of returnees disappears. arriving by ship to the town. Land uses The subdivision of new plots in each in Malakal show the predominance of town shows inertia in Juba, with a signifi­ informal areas that grow up naturally as cant number of plots (estimated around a result of the once formally subdivided 5.000, first and second class). No further plots created by the diaspora.This pro­ urbanization has been identified. In Wau, duces random land occupancy according it seems that “incorrect planning” has to the needs of the different inhabitant halted further subdivision of new plots. A groups. special subdivision project has been devel­ Land availability and ownership in the oped in the last years, mixing second and three towns reflect their particular social third class plots, as well as re-urbanizing and ethnic dynamics. Juba represents the destroyed neighborhoods. In Malakal the case of available land both inside and new subdivision projects have targeted surrounding the city, but less ownership areas outside of the existing towns, but no by the government.The new urbanization further advancement has been identified. projects rely considerably on negotiations SOCIAL SERVICES FACILITIES with the Bari community and are further AND INFRASTRUCTURE complicated by the process of random SITUATION EXISTING AND development in the surrounding area.The NECESSARY TO MATCH THE valuable experience of Munuki, a payam NEED IDENTIFIED AND SUIT- within Juba, shows how plans to formally ABLE LOCATION urbanize included a special subdivision of the neighborhood to receive migrants. The three towns have clear deficiencies in This trend has also extended toward the their different social services. neighborhood of Gudele (see Annex II). Although land availability is abundant in Juba has the most well established sup­ ply of public services, mostly in the areas Munuki, a payam within Juba.

30 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT of health and education that includes a (Figure 8) identifies opportunities and recognized university which has a major challenges regarding the growing influx of role in the region. Also, Juba boasts a vast returnees. supply of governmental offices that are The three areas of administration (town increasingly served by a public transit planning, land administration and land system that connects the urban center survey) require further coordination as with its hinterland.The airport location the survey found little, which negatively close to the urban center will most likely affects the performance of the town be affected by urban growth in the near planning commission.The survey assessed future, but it adequately serves to connect the need for equipment, communication Juba with other towns in south Sudan as and training, administrative realignment well as neighboring countries. Roads and and technical capacity. In each of the three drainage are still deficient, but an ongoing towns, there are only slight differences in process for rehabilitation and construction the process of keeping files and records aims to correct the situation. Plans to con­ of the urban development process-this struct new water and electrical supply sta­ shows that each works essentially within tions will help the town cope with myriad the same system. However, updates to the demands for social services and will con­ filing system appear necessary, and this has tinue to shape Juba as a supplier of these already been partially addressed with the services on a national level. However, a introduction of computers and a growing growing population and the complexity of demand for more systematic treatment. the town severely taxes even these exist­ The same can be said for data sharing ing services, and other necessary services among different departments. From the such as garbage collection and sanitation, perspective of technical capacity, there is which lag far behind, could lead to poor a clear need for data creation for urban environmental conditions and set up con­ planning purposes and systematization of ditions for spreading disease. data entries in the information system in Wau has inadequate health, education order to keep data current. and treatment services and facilities. Major Also, in the field of training the need for infrastructure improvements are neces­ “on the job” and practical training is of sary to rehabilitate roads and the drainage paramount importance in order to deal system. Malakal also lacks basic general with the rapid urbanization process. In services and infrastructure, particularly the long term, such issues as updating with problems in pumping water that and creating new regulations according to pools in the streets and garbage collection the growth and complexity of the urban (Figure 7) environment must be addressed. System­ ADMINISTRATIVE FRAMEWORK atizing procedures to approve zoning and FOR PLANNING AND CONTROL land use and master plans should also be OF URBAN DEVELOPMENT, a first order concern. PROPOSING ALTERNATIVES TO IMPROVE IT,WITH CAPACITY FIELD OBSERVATION TO LEAD PROJECTS FOR LOCAL REGARDING THE PATTERN OF DEVELOPMENT. SETTLEMENT OF RETURNEES Different settlement patterns were The analysis of the administrative and observed in each of the towns visited. technical capacity of town planning, land Presently, Juba appears to be experiencing administration and survey department a quick and intense process of densifica-

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 31 Figure 7. Land Densities and Usage

JUBA WAU MALAKAL Densities (inh-has) 119 150 350 Land availability High. Growth possibilities Medium. Growth possi­ Low. Need to remove in all directions bilities in 3 directions. mines. Swamp areas. Limitations by Swamp Governmental land for areas extension Land ownership Around 70% of subdivided Around 80% of subdi­ Only 60% of the subdi­ land is occupied per vided land is occupied vided land is occupied owner. Possibilities to per owner. Process of per owner (low ratio for create governmental land cadastral regularisation south Sudan) Land uses Formal built up area 30 15 15 Mixed land uses 25 30 30 Informal areas 40 40 50 Green 5 15 5

Figure 8. Public Service Priorities

JUBA WAU MALAKAL Public services priorities Water well pilot project; New hospital required; Well served at city level demanded Sanitation; Transportation Rehabilitation of the (3 hospitals and numerous and new harbour; Main existing hospital; airport health centers). Need road and rehabilitation of and treatment plan for rehabilitation and governmental buildings. replacement of permanent structures. Governmental offices Main avenue locating most Office housing. Need Central compound of of public buildings development of public buildings near the governmental building in hospital area downtown Transport New small buses start Presence of railway. New harbour under to provide services to Rehabilitation of the construction. No public connect the city centre railway and the station are transportation. Good with the surrounding priorities. Relocation of airport facilities. areas. New harbour Airport Roads and drainage Pavement of main roads is Rehabilitation of main Drainage constitutes one needed because of poor roads; Drainage construc­ of the key priorities condition tion Water supply New water plan under Need for rehabilitation of Rehabilitation and expan­ design. Limited network the water treatment sion of the treatment in Juba and Kator town. plants. Mechanical and Munuki under design electrical plant Sanitation Limited to individual Limited to individual Limited to individual latrine latrine latrine Garbage collection Weak garbage system and Garbage collection and No garbage system and no deposition. Growing deposition outside of the no deposition. Growing garbage volumes town garbage volumes Electrical supply New generator planned 3 x 1mva new generators be installed within the existing generator station premise

32 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT tion of its neighborhoods, with smaller in these zones, except original inhabitants neighborhoods sprawling into the periph­ from the town.This contradicts the notion ery. In some cases, this sprawl is aided that most of the returnees settle in the by the provision of hand pumping water same neighborhood of their parents or walls into these areas from international members of their tribal groups. In Malakal donors. In Wau, development appears to the reality is different. Here the returnees be growing up around previously existing settle in high density developments, and a neighborhood structures, hence a re-ur­ plan is underway to complete a new town banization of those areas demolished by to house the returnees. In some cases the war. In most cases such re-urbaniza­ this is to provide compensation for those tion takes place on top of the old struc­ whose plots were occupied by force, by ture, parcels, and road network. In Malakal, someone else, or by those who wish to the presence of mined areas constrains settle in the new town. expansion and growth, thus imposing a In all cases, it is important to discrimi­ pattern of increasingly dense urban devel­ nate between IDPs and refugees. IDPs opment in the urban center. face difficulties in resettling because of a complete lack of resources (except those Different reports indicate that there is who were originally from the resettle­ an average of two households per plot, ment area).The arrival of both types of higher than other Southern Sudanese returnees constitutes a driving force for towns. Governmental buildings accompa­ attracting investment in different sectors, nied by the residences of public officials mainly construction, and, particularly in now occupy central areas in the three Juba, tourism and real estate.The avail­ towns. Also, the compounds of inter­ ability of a labor force and cash creates national organizations are strategically significant opportunities to initiate positive located in the three capitals consolidating investment processes for micro-business their town structure as state capitals. In and larger scale industrial activities. Juba, such development patterns follow the river, but split in at least three different The state government appears engaged in locations. In Wau, it is concentrated in one bringing its people into various economic major compound. In Malakal, the lack of activities.The geographic relocation of re­ land forced the UN to erect a compound turnees is often marked by the availability north of the city, extending the city north­ of jobs in each city, the variety of ongoing ward and spreading UN offices through­ industrial activity, and the demand to build out the city.The UN compound forms the major infrastructure. Each of these fac­ infrastructure for planning the settlement tors plays a crucial role in the returnees’ of the returnees. With the SRRC, the UN choice for relocation. A significant criti­ influences the definition of zones specifi­ cism, expressed by different interviewees cally designated for such purpose. and particularly a chief in an interview to SRRC, is the fact that infrastructure proj­ In Juba, projects for returnees appear to ects and major investment are generating depend exclusively on a new settlement in employment to people outside of Sudan the south planned by UNHCR and SSRC. and not involving enough local people and In Wau, information gleaned from differ­ social structures. ent interviews shows that no projects have been specifically planned. According to SRRC records, there is no evidence of returnees expressing their wish to settle

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 33 Figure 9. Administration and Technical Capacity

TOWN PLANNING LAND SURVEY ADMINISTRATION DEPARTMENT Administration Equipment Filing land uses/ Filing of legal documenta­ Special registers building permits tion land ownership Communication Sharing & creating Update and share data Update and share data info about planned about land subdivision about land subdivision actions

Training System for filing and System for filing rules application Technical Equipment Queries for GIS GPS and GIS to create capacity and update info Communication Co-ordination among different units/Ministries for Transfer of information decision making to town planning and land units Training Development Application of land regula­ System for updating of master plan. tions and improvement data New regulations collection Application PPP

MAIN CHANGES OBSERVED material construction with sanitation.This IN JUBA trend grew considerably dangerous as significant numbers of low income people The extension assessment identified sev­ arrived in Juba without adequate infra­ eral major changes in Juba specifically to structure and employment. A third group urban growth patterns, the urban struc­ of people, associated in certain respects ture, and in the urban administration. with the public sector (including soldiers CHANGES IN THE URBAN GROWTH and public servants), came to seek for residence inside the city to live and work. A clear trend exists in international orga­ nizations locating in specific areas of the CHANGES IN URBAN town.These “clusters” create a particular INFRASTRUCTURE. dynamic for urban growth that can be Road repair and construction of the new associated with international investors harbor are some of the major changes and companies arriving in Juba seeking to that can be observed in Juba. develop business. A different pattern is a CHANGES IN THE URBAN growing presence of IDPs and refugees ADMINISTRATION. who are settling mostly out of the city boundaries where they set up camp with­ Major changes have resulted since the out planned plots, both in “Tukuls” or in training for surveyors in Nairobi, followed

Figure 10. Potential Prospects and Problems

JUBA WAU MALAKAL Problems Random urbanization without Lack of health and educational Poor drainage, flooding and proper sanitation facilities. Potential conflict with spread of sickness. Land land ownership. High percentage mine zone restricting urban of swamp areas growth. High densities and overcrowding Potentials Seat of government. Investment Land availability. Mild weather Fertile land for extensive attraction. Relatively well served and strategic location regarding agriculture. Strategic location health centres, education supply crossroad of the harbour between and available buildings for public North and South. purposes

34 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT by a second GIS training funded by FAO criticism from different sectors regarding in Khartoum. This project will also sup­ its colonial spirit argues for change.This port three labs to be located in Juba,Wau different zoning defines a town profile and Malakal.The trainings helped develop orientated toward preserving the existing information for land management and neighborhood character. So far, no areas planning purposes. Beyond these changes, are specifically designated in the master major access to technological resources, plan for returnees, and it is not clear how procedural decisions, regulations and so theses returnees will access lands and on, remain the same.The expectation that housing for effective reintegration. major changes will result from the addi­ Large quadrangular parcels lead to hori­ tion of the master plan and land regula­ zontal extension and a sprawling growth tions has tended to freeze any significant of the town-a significant aspect regarding change in the administrative structure. the utilization of the old land system. On STRATEGIES FOR RAPID the other hand, rectangular parcels mini­ URBAN GROWTH mize the front line of the plots making the town more compact and less extended. COMPARATIVE ANALYSIS OF MASTER PLANS IN THE THREE General, holistic criteria for planning exist STATE CAPITALS that integrate land use and density, infra­ structure development and a supply of As noted, master plans for the state social services.These holistic criteria often capitals are under development.These must deal with sectoral decisions that are plans have identified an urgent need for applied in a general maze of ethnic, social infrastructure development, defining avail­ and economic pressures that are further able areas for extension of the towns. compounded by limited territory and The assumption is that returnees as well transitional governance structures. as existing over-crowded populations will SCENARIOS FOR TOWN DE- move to the new areas in so far as these VELOPMENT AND NECESSARY are properly subdivided and supplied SUPPORT IN NEW LAND DEVEL- with basic services.These services consist OPMENT:THE NEED FOR COM- mainly of primary and arterial roads and MUNITY PARTICIPATION. adequate drainage. Each master plan assumes that expansion of the town will The three towns have planned scenarios come from acquiring land from the sur­ for development included in their respec­ rounding communities tive master plans for occupying new land and increasing densities in the existing The master plan functions according urban center. In such scenarios, the need to similar principles. First among these for community planning becomes evident principles is the expansion of significant as technical representatives from the areas for allocation to new inhabitants. Ministry have taken charge of land oc­ Allocation is determined according to cupancy situations. Despite the fact that land availability, spatial constraints, and community support is critical to effective the overall goal of keeping the town as planning, there is little or no participa­ compact as possible.The strategy seems tion from the community regarding these to be sensible due to the significant cost matters.To change this, certain mecha­ of new infrastructure in case of expansion. nisms that involve community leaders and The plan continues to apply the previous various experts need to be put in place. system for plot zoning 1-2-3, although

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 35 Figure 11. Expansion Variables for the Three Towns.

VARIABLES JUBA WAU MALAKAL Main characteristics Expand in all four direc- Expand in three directions Expand in three direc­ tions tions Expected impact Significant urban growth Wau structure appears Needs a quick and will empower the existing well organised. Land effective improvement urban fabric; this demands extension is based on the of existing health and an effective system for land idea that the ring road can sanitation systems; planning and administration be an artificial solution otherwise the extension creating an impediment on can aggravate already the development of the existing environmental town. problems

Although local administrators presently tion the 4th class to 3rd class as a way lack effective mechanisms, participatory of avoiding informal settlements. Us­ tribal and community mechanisms exist ing land subdivision as a mechanism to and seem to work efficiently in solving reintegrate returnees, however, is complex conflicts. Such mechanisms need to be and demands well coordinated strategies updated and adapted to help with the that involve different state structures and master and detail planning of the towns. organizations. Alternative scenarios for future develop­ First, to enhance the local capacity for ment are extremely important exercises subdivided land, facilitating the process to carry out and must be properly backed seems to be a crucial. Interviews with by community participation.These exer­ various stakeholders show that there is cises ensure that the decisions adopted now evidence of parallel markets (both are technically and popularly supported formal and informal) which distort the rather than imposed from non-transpar­ price of the land because of the scarcity ent and unaccountable decision makers. of formal plots. Munuki payam’s admin­ Rather than creating conflicts, a well- istrator stated that the prices in the area planned participatory approach helps have increased three times because of the reduce the gap among politicians, experts mismatch between supply and demand of and communities. Each stakeholder has plots. Capacity to address these mat­ particular responsibilities to fulfill: politi­ ters not only relies on tracking by trained cians provide leadership and transparency, workers and equipment for survey, but experts develop sustainable plans, and also requires political decisions that back community members provide the neces­ technical recommendations regarding the sary support and feedback. future extension of the city.These issues

LAND USES AND SUBDIVISION are covered in general by the master plan. PATTERNS AND THEIR IMPACT ON Nevertheless, the process breaks down REINTEGRATION. during specific negotiations with the com­ munities which hold the land and the site Reintegrating and supplying land occu­ design as part of the negotiation process. pies a central place in the rhetoric of the Accordingly, as part of the negotiations, local administrations. A more egalitarian one possibility is to ensure that communi­ approach has been promised for quite ties can receive certain facilities, such as some time which would legally reposi­ drainage or a school as compensation for

36 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT lost land.This has been the mechanism depending of the advancement in applied in the past and appears to work other fields, like adjustment of regula­ thus far, but no further advancement in tions, etc, and can be outdated with improving the negotiation mechanism has respect to current demand of land been observed. subdivision tasks. Second, it is important that this land sub­ A second dimension that must be division follows a land use plan designed assessed carefully is the fact that the with a particular vision for development public plans for returnee relocation is of the city and not as a uniform standard. currently delayed or under discussion, The link between land use and subdivision and the possibilities to move forward patterns shape the existing urban fabric in this particular topic are limited. and help plan more effective ways to settle population in general, and returnees • Develop the capacity of GOSS of­ in particular. Moreover, this allows plan­ ficials responsible for this work (land ners to foresee the ideal location of social survey, land and building administra­ services, employment, and recreation. tion, land registry) and engage them

THE CONCEPT OF GUIDED LAND directly in the management of the DEVELOPMENT PLANNING. reintegration pilot;

As towns plan for their extension, there It seems that they are ready to do is a definite need to guide the process to their job. Still, there are high expecta­ include reintegration requirements. Such tions surrounding the issue of the guided land development could use infra­ new master plan as a tool to solve structure and community work as effec­ conflicts. Under normal circumstances, tive mechanisms to achieve reintegration master plans only help legalize what and sustainable urban development. already happens in terms of land use and subdivision zones.This adds A methodology to carry out the pilot certain viable changes in a number guided land project might: of years, absolutely conditioned to

• Identify existing processes, strengths, the development of the economy and weaknesses in the three target and the political environment.The big municipalities for allocation and leas­ battle concerns the type of land regu­ ing of residential property; lation to apply, i.e., if the old colonial style of three zones is sufficient or if a One of the major GOSS weaknesses new system that seeks to merge the is the lack of clear and consistent customary law and the more modern graphic records (maps) of land avail­ planning standards is needed.The UN ability and ownership in municipalities. agencies have not reached agree­ A database is not difficult to operate ment in this respect. UNDP seems to with some mapping experience and favor using the old planning system information and has already been even keeping the same indicators and supplied by the previous Creative/ procedures to subdivide land. On USAID project. It is important to the other hand, UN-Habitat seems point out that the development of ready to promote a more participa­ land ownership maps can take time tory planning tradition. In developing GOSS capabilities in planning, it is

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 37 important to make clear the need they can make an income through for master planning, already under commercial or micro-business activi­ implementation, with the need for ties, as well as appropriate access to community or detail planning. social services. Considering that each of the three master plans has areas Providing on-the-job training in land that are currently empty, the identi­ management and town planning, fication of uncontested land has the although extremely valuable, should chance to plan priority lines as main be carefully scheduled to avoid un­ roads to supply infrastructure to sup­ necessary conflicts and overlap with port early development in order to other training projected sponsored give support to reintegration plans. by the different actors involved in • Obtain approval for the use of land the planning process. Such training for reintegration / resettlement; should start targeting non-controver­ sial issues like information develop­ This requires a complete review of ment and only later move to more procedures, since commitments that controversial issues after agreement would grant access to certain land between donors and GOSS on the tenure to ex-combatants and return­ whole planning process and imple­ ees have not been legally implement­ mentation. ed yet. Concrete projects resembling • Develop a process for identifying the pilot experience might contrib­ sufficient, uncontested land within ute significantly and show how this the existing municipal boundaries process could realistically be tackled or outside the municipality with through the intervention of different logical connections to existing roads, administrations.The idea of including market centers, water supply, etc. of specific zones for returnees has the the current town; disadvantage of possibly promoting segregation. If zoning occurs in areas This is a complex issue since it is that include a mix of returnees and difficult to know (and to define) non-returnees and mixed-income, town boundaries, and in most cases such diversity will promote reintegra­ two authorities are involved (state tion.The land use applied should not and municipal).The identification of be different from normal residential uncontested land is difficult, especially use, but can include specification re­ considering the very real and natural garding plot size, 3rd class and special controversy over the issue of owner­ types for big families with major areas, ship. However, it seems that possi­ but avoiding horizontal extension of bilities exist to facilitate this through the city--this implies seeking rectangu­ SRRC intervention, giving priority lar parcel areas. to areas where evidence exists of • Collaboratively develop guided land previously unused land--this lessens development plans with planned the potential conflict of ownership by land uses (residential, market another party. At the same time, it centers, feeder roads, green space, makes sense to identify those areas communal agricultural space; in which returnee location will speed Guided land development plans as a reintegration, i.e., locations where pilot case are incorporated as part

38 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT of the whole strategy for develop­ • Determine a process for selecting ment of the city-region. It is strongly beneficiary families for resettlement. recommended that such reintegra­ Determine how we can engage ben- tion happens in different neighbor­ eficiaries in community works. hoods and areas where residents are already in the process of reintegration This task is the key to success. Failure through family, tribal, and community to do so has been a critical weakness networks.This should be pursued in most UN projects. The UN typi­ instead of pure individual plot sub­ cally delegate the beneficiary identifi­ division projects occupied by all cation to local counterparts who, by returnees. Integrating already existing lack of capacity or political interests, inhabitants and new residents, as well were perceived as extremely un­ as different income groups, is essential fair, thus seriously undermining the to achieve the goal of reintegration. project’s goals. The investment in public facilities such as schools, health centers or markets The idea of creating an urban de­ constitutes critical components of this velopment council to determine process. issues such as beneficiaries for land subdivision programs has a great deal • Survey the land and create the plots; of merit. A good understanding of the customary law and procedures The best alternative is to acquire shaped during the war introduces already subdivided land or to look for suitable mechanisms for community an area that is feasible for land subdi­ involvement. vision. In Juba, 4,000 plots are available (and so far they are still available) that In any case, the design of a strategy can be used for this express purpose. integrating urban planning problems It is intriguing why the local admin­ addressed through public participa­ istration is not making use of such tion and community involvement, land, and further investigation of the with a special emphasis on land issues, topic is under way. A second alterna­ dealing with the affected parties, has tive is to initiate a land subdivision the potential to become a crucial process in a completely new area.The mechanism to deal with town devel­ advantage for a donor would be the opment processes in Southern Sudan. ability to concentrate efforts in one location and to integrate the different components of the project. However, time limitations and fiscal constraints should be considered as they can affect the appropriate implementa­ tion of proposals.Training in modern survey tools can include complemen­ tary and initial tasks for road design and implementation and should serve as initial references and control points to start surveying.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 39 CONCLUSIONS AND RECOMMENDATIONS REGIONAL ROLE OF although dating from the colonial era, STATE CAPITALS seems to accommodate the needs of the current population well as incom­ Juba, as both the state capital and the ing groups of residents.The master plan federal capital of Southern Sudan, needs seems to guide the town development the appropriate infrastructure to meet the toward new patterns and in the case of demand of a quick urban development Malakal allowed it to achieve the definition process. Spontaneous settlements on the of “new town.” The state capital clearly periphery without a clear land subdivision needs a compact urban development pat­ and secure tenure system can easily lead tern that is well served in terms of infra­ to dangerous urban sprawl. Wau seems structure and property planned according to be following a more in-fill strategy, to different stages of urban growth.The targeting the resettlement of the legal need to integrate new development into tenants first, although according to the the existing urban center demands more information received from the Ministry, regulated land usage. At present, such future plans intend to initiate the develop­ legal instruments appear absent and are ment of non-subdivided areas, but always not included in any future plans to update inside the ring road.The hinterland will be regulating procedures. far beyond the limits defined by the ring road, and it is recommended that these It is thus recommended that strategic ap­ areas be organized into industrial parks or plication of land use regulations, combined used for new airport locations, etc. In all with density and built up land use, be ap­ cases, the towns should seek to include plied.This is necessary at both the master the demographic dynamics of rural vil­ and detailed level of planning.The goal is lages and communities in the estimation to achieve more comprehensive urban of social services needed. Because of the development control, otherwise, it will be harbor, Malakal is the most condensed difficult to consolidate a central authority town, and we recommend that its plan to take charge of the multidimensional includes provision of adequate space for complexity of the urban development special services, warehouses, packing and process.There must be a more detailed eventually a mixed land use area for small evaluation of the relationship among workshops to support micro-business and urban planning mechanisms, organizational activities generating income for the most mandate, and outcomes of final urban de­ vulnerable groups. velopment patterns.This evaluation must be taken from the perspective that South URBAN STRUCTURES Sudan faces serious challenges between merging tribal and customary law with The existing structure of the three towns more western urban planning processes. reveals an advanced level of planning Plans to create ring roads (that differenti- based on a grid pattern. Such a system,

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 41 ate urban and rural developments) and LAND USE ZONING application of different planning regula­ Although colonial in its inspiration, the tions can be extremely artificial and often current system of classifying 1-2-3- zones difficult to implement. Further, this can corresponds to areas related to the lease distort the urban development process, period and fees and still provides a frame­ encouraging segregation of lower income work to regulate the land subdivision. In groups ultimately forcing them out of the the long term, recommendations should city. include the review of such mechanisms. In MASTER PLANNING AND THE the short term, however, it seems sen­ NEED FOR COMMUNITY sible to continue using them. Meanwhile, PARTICIPATION new and agreed upon regulations have introduced more flexibility in terms of The analysis of the master plans in the mixing different plot sizes that ultimately three state capitals discovered several encourages an increased social dynamic. similarities. In all cases, the towns are ex­ It is recommended, though, that plot sizes pected to show growth according to new be limited in size to reduce urban sprawl urban patterns surrounding as much as so that those families that locate outside possible the existing city framework. Such of the town limits only use newly acquired decisions that seek compact urban devel­ land for agricultural use or for communal opment in order to reduce the “leap-frog” purposes.The master plans can improve effect, can lead to difficulties in integrat­ land use and zoning while introducing ing existing and new patterns--especially more flexible regulations to address the regarding traffic and facilitation of social urban development of formally built up segregation. On the other hand, lessons areas.This avoids informal settlements and gleaned from interviews showed that one supports regulations with a realistic social negative aspect of land use zoning without analysis that accounts for the real costs mixing results is maintaining an unwanted of urbanization to the population.This colonial approach. Community participa­ task should be associated with reintegra­ tion in the planning process is necessary tion exercises that supply social inputs for at both the master and detail plan levels land use zoning and land lease regulations to obtain political support and popular suitable to match social needs. Subsidiz­ backing.This ensures that the resulting ing components of the urbanisation costs plans empower dynamic social interaction. should also be included as a possible Community participation must be clearly strategy to strategically guide urban devel­ defined in the planning agenda and it is opment. advisable that happens as a step-by-step process. First, involve different admin­ The town structures need pro-actively istrative branches; second, extend this planned sub-centers. Markets are a typi­ involvement to public-private organiza­ cal, and they demand relocation both in tions where participation from legitimate the current situation and in the future. NGO’s is crucial; and finally, gain commu­ It is imperative to establish criteria for nity wide approval on ultimate proposals. clustering social centers, like markets and Clear explanations on sectoral impacts commercial areas to shape the look and must be given in simple, concise language feel of new neighborhoods in a planned that the majority of community members way that minimizes social friction and can understand. segregation. Although in their early stages

42 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT of development, the master plans so far be initiated at community level, where the do not include major decisions regarding needs and priorities of the community can restructuring of land uses, except in Juba be discussed. Here the chief and the com­ where JICA developed a detailed map­ munity can be recognized by the specific ping of the existing land use and propos­ neighborhood as authorities.These initial als. It is recommended that master plans discussions promote a sense of com­ indicate the location of new neighbor­ munity and an opportunity to discuss the hood sub-centers and encourage linkages necessary initiatives, which will serve as across communities. Most important, the the seed of community planning that will master plan should not isolate these sub- ideally democratize the whole planning centers as autonomous entities. Also, it is process. important to differentiate among services The link between community infrastruc­ at the neighborhood, urban and regional ture projects and reintegration needs to level. Services at the neighborhood level be clear and consistent. As long as the include: minor shops, schools, health first administrative structures and community assistance, and green areas. Services at organizations are aware of the process, an the town level include: secondary schools, agenda to follow up of the process can be squares, major shops, and governmental designed. A more participatory process buildings, etc. Governmental buildings, to decide the priorities for infrastructure major markets, regional parks, hospitals investment in future must be addressed. and universities also serve the hinterland. ADMINISTRATIVE STRUCTURES From the side of detail planning, it is useful to develop an accurate survey of existing The administrative structures in charge land use to enable an informed planning of town planning in the State capitals are for future land uses according to changes clearly understaffed and are thus unable by the master planning implementation. to effectively develop desired scenarios It should assess positive and negative for urban growth. In the three cases, such impacts and building alternative scenarios tasks have been directly transferred to that can be discussed with the communi­ PADCO/Gibb Africa with a very small ties. participation of local officials, who really only serve as static sources of informa­ INFRASTRUCTURE NEEDS tion rather than participants or decision Differentiating between infrastructure makers. which requires work at a ministerial from On the other hand, the relationship be­ a town planning level is necessary; e.g., tween master planning and detail planning networks for water or waste water or is scarcely identified as a need (except in electricity or main roads. These are dis­ Juba where Gibb Africa and JICA agree­ tinct from the types of infrastructure that ment split these tasks in both fields). It is can be designed and agreed upon with of paramount importance to initiate detail the payams. Assessments and consulta­ planning with a strategic focus-with a par­ tion have identified priorities that are ticular priority for urban growth.Training normally defined by technical employees and capacity building in this field includes regarding infrastructure at the town level, coordination with the master planning but a more participatory approach could process, action planning, etc, and has be applied at the community level. It is the potential for expedient, high impact recommended that participatory planning

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 43 results. Understanding and developing information unit requires centrally located links between detail and master planning technology that includes GIS, mapping, and appear as a strategic area to take into ac­ filing. At present, the three capitals seem count in future plans. to receive this information and technology from different donors. DETAILED PLANNING Such a centralized information unit has Detailed planning is the cornerstone the potential to play a major role in the for community planning. Without this planning process.This is an area where component, a parallel to the master Creative/USAID has had great success plan exercise, the community participa­ already, and it constitutes an excellent tion component will become erratic and starting point to build a process of admin­ unrealistic. Detailed planning requires a istrative improvement that will ultimately land use plan that develops the design of lead to a participatory planning approach roads, infrastructure lines, etc. for a certain and will result in concrete strategic urban neighborhood. Such tasks are essential to development projects with community achieve the holistic view for development backing. Other necessary steps include: of the city.The reintegration process relies on land allocation for the expected num­ a) Undertaking a survey of organiza­ ber of returnees, but also on the detailed tions working on South Sudan to ef­ plan at a community level to ensure that ficiently coordinate international aid. the design and facilities needed are well b) Clarifying the link between mu­ developed and on time. Priority infrastruc­ nicipal responsibilities and national ture projects to need to be included in authorities. Recommendations which the detailed planning exercise to co-or­ delineate responsibility and publica­ dinate properly the process of physical tion of these responsibilities in the town extension with social returnee website is a promising avenue to reintegration. build capacity. This detailed planning can be carried c) Clearly defining regulations for land out as a natural extension of the master uses and subdivisions between plan, in which case it is expected that the national and municipal actors.The detailed plan will remain consistent with development of land subdivision the technical approach applied. A sec­ plans per city, land availability and ond alternative is that detailed planning land ownership, supported by GIS becomes associated with the master plan, capacity recently installed in South with the inclusion of payam authorities in Sudanese offices, appears to provide the process so that local priorities appear strategic resources that can build and relevant and supported by the community. consolidate administration structures INFORMATION MANAGEMENT for land management.

The diagnosis of the current administra­ tive structures highlights the need for fur­ ther coordination among different levels of government and the different stake­ holders inside the ministries. Empowering each department through a common

44 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT APPENDIX 1

OVERVIEW OF STATUTORY LAWS AND HISTORICAL LAND POLICIES TENURE IN SUDAN With the adoption of CPA, there are now three new documents that affect Formal law was initiated during the Turko- the legal framework of land policies for Egyptian Rule in 1821-85. The Anglo- Southern Sudan; they are the CPA, the Egyptian period, 1898-1956, created the GOSS Constitution and the GOSS State first land ordinances of 1906, 1925 and Constitutions. 1928. All these laws focused on control­ ling the land through a policy of national­ CPA ization. The 1906 ordinance stated that The land policies in the CPA specify that all land was the property of the federal each of the ten states has the right to government in Khartoum, but in practice, govern the management, leasing and use this law was only applied in northern of land in their states. During the in­ Sudan. The 1925 Land Settlement Act terim period (December 31, 2004 - July, and Registration Ordinance declared that 2011), the GOS, the GOSS, and the state all land without title was deemed the governments have legislative rights to property of the Federal Government.The proceed with urban development, plan­ 1928 Prescription and Limitation Ordi­ ning and housing needs. According to the nance expanded the limitations of disput­ CPA, only the Southern state courts have ed land and included a statement that all the authority to enforce the management, land occupied for less than ten years was lease and utilization of lands belonging to the property of the State. the State, however, national laws, includ­ Today, government officials maintain that ing the ownership of land, have not been the land is owned by the people, but in adopted by the GOSS at this time. reality the government owns and provides The CPA appears to contradict the ap­ land for the people, and the laws that plication of old land rights and policies. established the nationalization of land are According to the IDD OCHA June, 2006 still in use. report, previous land acts and planning The CPA and the GOSS Constitution laws are no longer enforceable. have introduced new legal frameworks CONSTITUTION OF SOUTHERN for land use that has created--at least in SUDAN the interim--confusion with respect to the legal standing of land tenure and planning The land policies in the GOSS Constitu­ laws and regulations. For now, the Minis­ tion state that every citizen has the right try of Housing and Public Utilities, contin­ to acquire or own property, including ues to function using the old land acts and women. Private property may only be policies to administer their towns. taken with a court order and is not to be taken without just compensation. Land laws are to be developed to incorporate international trends and practices with

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 45 consideration for customary laws, prac­ ing negotiations between town statutory tices and local heritage.Traditional lands lands and rural customary property need are to be defined and protected by laws to be created, as well as subdivisions; and include consideration for seasonal leasing systems need to be in order to access rights. Compensation shall be given allocate, lease or manage land and com­ if land is taken for subterranean resources. munities. Statutory land regulations for land tenure Administrators in Juba,Wau and Malakal and usage shall include consideration of are applying old laws and policies to ac­ customary land rights.The government at commodate current needs. Land policies all levels is responsible for incorporating vary slightly by jurisdiction but gener­ customary land rights under customary ally follow systems put in placed before land law. independence. Current land-leases are The Constitution also includes a require­ drafted on preprinted forms written in ment for a Southern Sudan Land Com­ Arabic that, according the Lands Registrar, mission to be formed to assist all levels of are based on laws from 1925 and follow government in formulating land policies older lease documents written in English. and laws for the governance of land rights. STATUTORY AND CUSTOMARY SOUTHERN STATE PROPERTY RIGHTS CONSTITUTIONS In Southern Sudan, statutory property All ten states are responsible for creating rights systems are applied to the owner­ their own interim constitutions.The GOSS ship of land within the garrison towns dictated the format but left each state to which previously were controlled by the refine its own documents. As of August, North. Statutory land is defined as land 2006, all ten states had submitted Consti­ that is surveyed and leased with rights tutions to GOSS. GOSS has approved and upheld by the Court. Current statutory issued Certificates for nine states, with land rights are defined using historical land Western Equatoria to be the last state laws, rendered unenforceable by the new approved. GOSS CPA and Constitution. Statu­ tory rights have not been defined by the MINISTRY OF LANDS Southern courts at this time. There are two branches of government Customary systems predominate in that work to support each town’s land the South and 98 percent of Southern tenure system - the Ministry of Lands and Sudan’s population lives in rural areas. the Lands Registry. The Ministry of Lands Customary land access is managed by is responsible for administering land leases, tribal leaders including chiefs, spiritual surveys and all land development.The leaders and elders. Lands Registry is a recordation depart­ ment within the Courts. Town boundaries are currently soft and undefined, but there is movement toward The Ministry and Courts are functioning delineating actual town and customary without the proper mechanisms and legal limits.The economics of clearly defined instruments. Based on discussions with land rights, policies and governmental Ministry officials, no policies were under systems will form a more clearly defined development to address these issues at physical boundary than a right-of-way. this time. Land allocation systems includ­

46 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Analysis of current and future demand The courts are not adequately staffed and for land for all property types (residential, the laws are not defined or enforceable at industrial, retail, office and hotel) will assist this time. town planners in understanding the land CONTESTED LAND AND LAND requirements. Currently a “build it and AVAILABILITY they will come” approach is being em­ ployed. During the war, the Land Registry courts leased vacant land using imperfect records CURRENT CAPACITY which could produce possible contention The GOSS is in its infancy. Each depart­ between current occupants and returnees. ment is only staffed with one or two Each town has a slightly different solu­ trained personnel. All systems including tion to conflicting land contingency claims. These two subdivisions are land leases, registries, drawings, surveys, None of the systems appears to take all proposed for development in croques (survey plats) and records are considerations into account, but each pro­ Wau, and the plans have been produced, managed and stored by hand. vides some form of compromise between drawn with ink on vellum paper.The plan shown above Land leases are written in triplicate by the parties over time. is proposed for development Minister of Lands himself. Surveys are on the east side of the river In Juba,Wau and Malakal, Northern using inked drawings on velum sheets to in Wau, and the image below governments allowed the land registry to illustrates the planned subdivi- illustrate old neighborhoods. Field surveys lease vacant plots of land without refer­ sion located south of the town. are being produced with the most basic ence to the Ministry of Lands records so tools of the trade. some properties have more than one Many of the records are missing. Rec­ lease There are also reports that land reating land records is time consuming title deeds may have been issued many but mandatory. “As-built” drawings of years ago for large non-contiguous estates infrastructure and property demarcations that are still recognized outside North­ using up to date survey systems for data ern controlled areas for land purchased collection, storage, review and analysis before the CPA was signed. could mitigate many conflicts. RETURNEE RIGHTS AND LAND General data including recent leases and CLAIMS WITHIN THE GARRISON market activity are not currently available TOWN LIMITS to the public.Typical requests for lease When claims arise in Juba, the Minister of data including the parties involved, terms Lands reviews the documentation himself and rates are not publicly accessible.What and negotiates with each party person­ data exist are undervalued by the lack of ally to come to an agreement.Typically, transparency and unavailability. he offers land elsewhere and reaches an The Minister of Lands reviews land own­ agreement between the disputing parties. ership rights on a case-by-case basis in This negotiation mechanism is severely each town. Due to the reduced capacity hampered by the lack of supply of subdi­ each town’s minister must negotiate these vided plots. issues on a plot by plot basis with the help In Wau, a returnee may be offered an old of a surveyor and possibly a few assistants. surveyed plot, but there are few, if any, None of the towns has enough cur­ available. No new land has been subdivid­ rent capacity to accurately and efficiently ed into plots since 2003. Due to the tre­ complete the enormous task before them. mendous number of claims, the Minister

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 47 of Lands and the Director General have The current plot classification system suspended acceptance of any claims until groups plots into Class 1 through 3. Plot such time as new land is made available. classification systems also included class 4 Wau is centrally planned along the west plots in the past but they are now folded bank of the Jur River. Expansion pos­ into class three. Class systems vary by sibilities include annexing land from the jurisdiction in size, lease term and cost, but County to the south or expanding further are generally managed in a similar manner. to the west.The airport creates a natural CLASS PLOT SIZE SQUARE METERS boundary on the northern outskirts of town. Juba Wau Malakal Class 3 15 x 20 20 x 20 20 x 20 The Ministry of Land in Malakal has a Class 2 25 x 25 30 x 30 20 x 30 clear policy to allow returnees with the Class 1 30 x 30 30 x 30 30 x 30 proper paperwork to reoccupy their land, once new land is provided for the cur­ Plot sizes are reported by jurisdiction rent occupants. Malakal is land locked and through interviews with Director Gener­ cannot expand because of the Nile River als, Minster’s of Lands and the Surveyors. on the west, a large crescent shaped mine Class 3 plots range from 300 to 400 field boundary on the east and the Shilluk square meters. Class 2 plots range from Kingdom’s lands that are already devel­ 600 to 900 square meters and first class oped to the north and south.The Minister plots are typically 900 square meters of Land has accepted over 15,000 applica­ or larger.The Director General in Wau tions for plots and has prioritized them reported that some non-class zoned plots through interviews with the applicants. as large as 50 meters x 50 meters may be The Minister sets priorities for applicants planned for new development areas. based on the number of wives, number New subdivisions are designed by the of children and overall means the ap­ surveyor at the request of the Minister of plicant may have to improve his plot. If a Lands with the direction of the Board of returnee does not fit into this screening Ministers and the Director General. Plots process cluster developments (camps) will are supplied and priced by the Board be provided until such time that either of Ministries in each town.The Board of their circumstances have changed or the Ministries includes all of the ministers in applicants have the means to go back to the Ministry of Lands and Public Utilities their village. and the Director General. All subdivisions STATUTORY RESIDENTIAL and the pricing of plots are approved by LAND USE the Board. THE RESIDENTIAL PLOT According to the Director General in CLASSIFICATION SYSTEM Wau, a zoning system has been discussed though it is not approved at this time. All statutory land is initially subdivided and This zoning system would remove the distributed by the Government. Newly plot classification system and instead use subdivided plots, vacant plots and plots plot size as a tool for planning purposes. that have expired leases are leased by the Current suggested plot sizes for zoning Government.There is a vibrant market classification are identical to the plot clas­ for older leased plots. All negotiated sification system, but may change in the lease transfers are subject to approval and future. recordation by the Government.

48 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT RESIDENTIAL LAND LEASE TERMS readily available and range from 30,000d in Wau in 2003 to 1,600,000d for plots to CLASS ANNUAL LEASE COST IN (DINAR) be subdivided in Juba. Market Lease Prices Juba Wau Malakal (cost to assume lease) Class 3 5,400 9,250 33,300 Class 2 ----- 25,000 ----- MARKET LEASING DATA Class 1 1,600,000 30,000 159,840 DATE CLASS SIZE PRICE LOCATION According to the Ministry, the cost of leas­ (D) 1996 1st 25 x 25 900,000 Wau ing is historically estimated by reviewing Class the cost to the government for creating 2003 1st 30 x 30 450,000 Wau the plots. It appears from discussions in Class Wau, that there is a move towards market 2006 1st 30 x 30 2,000,000 Wau Class pricing, as illustrated by new subdivi­ 2004 3rd 20 x 20 30,000 Rumbek sion plot costs discussed below, but the Class Director General did not confirm market 2006 2nd 25 x 25 16,600 Juba activity. New plot pricing is subject to the Class typical economics of the market.The cur­ Leases may be sold for the remaining rent price fluctuations are due to disparity terms of the lease. All transactions are witnessed in the new market. subject to the Ministry of Lands approval Juba has planned to subdivide up to 7,000 and are recorded at the Lands Registry plots for class 3 land owners on the far to reassign title. Current market prices west side of town and near the high illustrate that there is a leasing market ground of Radio Goomba.The Minister that has seen tremendous upward pres­ is planning to lease these class 3 plots for sure due to returnees and new inves­ 5,400 dinar or approximately $25 USD. tors. Market demand is stimulated by new employment, reopened shops and The total number of plots leased in Wau, increased populations and subsequent in 2003, as reported above, included 650 market activity. class 1, 1,047 class 2 and 2,000 class 3. Plots in Wau were leased in 2003 for In Juba, the Governor leases first class 30,000 dinar for class 1, 25,000 dinar for plots with old colonial houses for approxi­ class 2 and 9,250d for class 3. New plots mately $500 USD per month to interna­ will be leased at higher prices. Accord­ tional organizations. Class 2 plots were ing to the Director General in Wau, new around 200,000d during the war and are planned subdivided land will be leased now 600,000d. as follows: Class 1- 380,000d (Less than EMPLOYMENT AND MARKET ACTIVITY $400 USD), Class 2 - 280,000d (Less than $300 USD) and Class 3- 200,000d (Less The Government and NGOs are cur­ than $100 USD).The Class 3 plots are rently the main employers within the located in Hai Jebel. New planned first towns visited. Local markets are beginning class plots are planned for the east side of to see not only dry-goods, but perishable the Jur river. food items from Uganda, Nairobi and Khartoum. Juba is accessible from Uganda Malakal plans to lease class 3 plots, once through the Yei and Nimule roads.The they are made available, for 33,300d, closest tarmac road to Juba is in Uganda possibly next year. No class 2 plot price is approximately 1 to 2 day drive south. quoted. First class plot prices were more

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 49 During the rainy season, the only freight submission of an application, the applicant access into Wau is by air. Malakal has seen is interviewed by the Minister of Lands. imported goods by barge and airfreight This interview process includes verifying from both the north and the south. who the person is; if he or she is from the community or a new arrival; and the New roads, bridges, schools and numer­ applicant’s family make-up, including how ous capital improvement schemes are many wives and children and what means underway.These new market activities are they may have to improve a plot if they providing an enormous upward pressure receive one from the Ministry. The more on land markets as seen in the increased wives and children one has, and the better market prices evidenced in the commer­ financial standing one has in the commu­ cial zone. nity, the better the chances of receiving a Land availability to provide shelter for plot. returnees varies by state and town, but is This approach has negative implications if ample in the customary tenancies. Ne­ the applicant is a woman. It is estimated gotiations with local tribes including the that up to 50% of returning households Bari in Juba and the Shulluk Kingdom in will be headed by women. According to Malakal are underway and continue to the Ministers interviewed, married men provide for lands in the future. with strong financial means will get prefer­ GOVERNMENT VERSUS MARKET PRICES ence over female applicants.

There is a large disparity between govern­ Applications may be made for an existing ment and market lease prices for land and plot that the applicant leased in the past buildings. Government pricing is based or for a new plot in a proposed subdivi­ on the cost of delivering land and market sion. If the application is for an existing prices are based on supply and demand. plot the verification of ownership of that There is concern that if government plot, is carried out by a search certificate prices rise too high, people returning will system. Initially the search certificate is not be able to afford to lease statutory submitted on the applicant’s behalf by the plots.There is also a concern that setting Minister of Lands.The Ministry of Lands aside large areas for low cost plots will reviews its records, which are kept by create large low income neighborhoods name, block and plot. After a title search or ghettos. for the last contractual lessor is carried out by the Ministry of Lands, the search GOVERNMENT LAND ALLOCATION certificate is processed by the Lands PROCESS Registry Court for comparison with its All land is owned and leased by the Gov­ records. If a clear title is not indicated by ernment as outlined in the CPA and the either the Ministry of Lands or the Lands Constitution. Leases are transferable in Registry, the Ministry’s Survey Depart­ the private sector.There are three major ment may be engaged for further review. steps required to apply and receive a plot The Survey Department reviews the lim­ of land from the Government.These steps ited documentation it has on file and may are similar for all property types. make a field inspection.The title search is completed by the Ministry of Lands and The land allocation process begins by the Lands Registry and reviewed by the completing and submitting an application Minister of Lands for processing. If the title at the Ministry of Lands. Following the is clear, the lease may be granted.

50 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT CONSTRUCTION YEARS TO COMPLETE LAND MARKET OVERVIEW INPROVEMENT CONSTRUCTION SCHEDULE CURRENT GROWTH BY TOWN 3rd class plot 1 year 2nd class plot 2 years Southern Sudan is sparsely populated with between 14-17 persons per km2. 1st class plot 3 years The three towns reviewed are all im­ The applicant receives a plot of land and proved with sprawling single story metal is required to begin construction. Owner­ and thatch roof houses with road and ship is contingent on improving the plot in foot path access. Growth areas include a timely manner and taking the following rebuilding old areas within towns and an­ actions: nexing land for further development. After the applicant receives a plot of land Observed historical development in each the Survey Department stakes the plot of the three towns aligns blocks into rigid and prepares a croque illustrating the grid patterns. A subdivision of city blocks plot boundaries, abutting land uses and with eight 20 meter x 20 meter 3rd class ingress/egress to the plot.This document plots in each block and 20 meter wide along with an application for building is road ways would utilize on average 640 submitted to the Buildings Department square meters per plot. Using an esti­ for review. mate that 2,000,000 people will return or 250,000 households (HHs) at 8 persons The Buildings Department receives the per household, the total amount of land building permit application, and if neces­ needed for all 2,000,000 returnees would sary engages the required utilities for ap­ be 160 square kilometers or an area that proval.The Building Department costs the is 12.65 kilometers square.This is a back construction and requires the applicant of the envelope minimum land require­ to illustrate the means to complete the ment for house plots only and does not project before construct begins. Building take into consideration any additional inspections occur throughout the building planning or any other plot sizes or uses. process. There does appear to be ample undevel­ The improvement schedule indicates the oped land surrounding the three towns of amount of time given to the applicant to Juba,Wau and Malakal to absorb 250,000 construct a house on the plot.The larger 3rd class houses. JICA estimates density the investment, the longer time given to for 3rd class plots at 250 households per complete the improvements. A 3rd class half kilometer. plot must be improved with in one year. The Survey Department is responsible A 2nd class plot must be improved within for checking its records and if necessary two years, and a 1st class plot must be visiting the site. If the title is clear and it improved with in three years. is available the plot corners are staked in The local payam director drafts a comple­ the field. The Survey Department pro­ tion of work notification on behalf of the vides a sketch on tracing paper for the property owner.This notice is submit­ Ministry of Lands illustrating the plot and ted to the Ministry of Lands to provide the neighboring plots and land uses. notification that the lease requirements are fulfilled.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 51 BRIEF HISTORY OF LAND LAWS 1821-85 Turko-Egyptian Rule No specific Land Laws. 1898-1956 Anglo-Egyptian Rule First land ordinance in 1906 – all land is the property of the Federal Government of Sudan. This was only applied in practice to the north. 1925 Land Settlement Act and Required that all land was “disputed” and therefore all land with out title was the Federal Registration Ordinance Governments’ 1928 Prescription and Limitation Land occupied for less than 10 years is now property of the State. Ordinance 1928-1970 Unregistered Land Act All land not registered during the 1925 Act is now the Federal Governments. If this had been enforced in the South, all community lands would have been documented in the Central Lands Registry in Khartoum. 1998 Islamic State Act Sudan belongs to Allah. 2003-2004 GoS Scorched Earth Policies These northern systems included driving inhabitants away from oil derricks by destroying their villages. Mainly in Northern Bahr Al Gazal,Warab, Unity and Upper Nile States. 2005-2006 CPA, GoSS Constitution and CPA was signed in January 2005.The Interim Constitution of Southern Sudan written by the Southern State Constitutions Government of Southern Sudan (GoSS). State Constitutions: All 10 States have written their constitu­ tions. GoSS has received and approved nine and sent them on to GoS in Khartoum for approval. Western Equatoria State remains. 2005-2006 Urban Redevelopment Policies In preparation of urban redevelopment, Juba,Wau and Malakal are moving squatters out of the central – removal of squatters from areas into camps. Urban areas. Ref: Norwegian Peoples Aid, May 2005. and iDMC Aug. 2006.

LAND ALLOCATION PROCESS Ministry of Physical Infrastructure and Director of Pick up, complete and Application for either a specific or a random plot provided by the Government. Application is submitted and Lands submit an application for reviewed directly with the Minister of Lands through an interview process. This interview includes a review of the a plot with the Director applicant, his family, his ability to pay for the plot and improve the land with a temporary or permanent housing unit. of lands.

ASSIGNMENT OF TITLE Lands Minister of Lands The Minister of Lands hand writes in triplicate the lease using a preprinted form written in Arabic. (Older records indicate that the document was prepared in English in the past) Court Lands Registry The documents form indicates that all documents were received including the lease, receipt for land charges (indicating if paid records the lease in full), receipt for search certificate and the receipt for charges from the Director of Lands to the cashier. Survey Croques Survey Department hand draws a plot survey (called a croque) indicating the location of the plot including the Neighborhood, Block and Plot, the plot dimensions, overall square meters, and the neighboring land uses including ingress/egress.

SAMPLE OF LAND REGISTRY DOCUMENTS RECORDED Negotiated reduced Land charge and land Land charge may be negotiated with the Minister of Land depending on a person’s ability to pay. lease charge for producing the lease. Receipt for Search Certificate Search Certificate is a request for a title search and is circulated between the Ministry of Lands and the Lands Registry.

Receipt for Charges from the Director of Every activity has a charge and all charges must be paid prior to issuance of an activity or a Lands formal lease. Search Certificate Identifies land title to be researched. Land Lease 4 pages Land leases were written in English but are not written in Arabic.

BUILDING PERMIT PROCESS

Dept. of Department of Construction with in Physical Costing for all improvements is made by the Construction Department. Construction Infrastructure reviews and approves the building application. Payam/ Local government at Payam then rechecks This system is to determine where they will receive water and other utilities and access the plot. Administrative sanitation and water. If industrial environ­ Unit ment issues Dept of Receive a building permit @ the Dept of Construction Dept. supervises all building during construction Construction Construction Payam/ Director of Payam A construction notification of completion is written by the Payam Director for submission to the Administrative Department of Lands to release the lease contingency for improving the plot. Unit

52 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT APPENDIX I1

CHANGES IN JUBA, OBSERVATIONS FROM FIELD SURVEY

CHANGES PHYSICAL PROJECTS ADMINISTRATION/RULES OTHERS (ATTITUDE, HABITS, COMING CULTURE, ETC) CONSTRUCTION INFRASTRUCTURE OTHERS (EQUIP) Juba’s Rehabilitation old Repairment of roads Improvement Several new The system of 1/2/3/class plots is Provide fences and build an extra original land buildings + serv of schools/ activities of still effective building (metal sheet roof) as owners Markets/ services for construction materials are not hospitals the whole cheaper county Location Central areas Designated areas

IDP/ New construction Water pumps. Need to New informal Customary law is normally Tends to be much more associated Refugees with metal sheet Sanitation move to markets applicable, but facing problems as UN and aid agencies encourage roof central loca­ after CPU their organization to get further tion through help increase use of small vans Location Extreme periphery Areas out of the city (informal)

Ex combats They received No No Promises Specific rules are proposed No register of any specific associa­ originally plots. But for special but not defined and either not tion or training for them. this was stopped treatment for implemented. later this group has been announced, but not action taken Location Munuki and Gudele

GoSS Houses repair Pavement Ministries/etc. Expected The lack of rules and procedures This group tends to use intensively employees new shops give place to the possibility of cars, creating already traffic conges­ and facilities corruption tion and demand for more parking Location Inside the city Traditional neigh­ Main avenues Around Special and high values plots borhoods Ministries (main avenues)

Middle Taking areas Pavement Market Investment Lack of transparency in the land upper class originally from the expansion in real estate legal framework complicate the SS from Arabs development process diaspora is forecast Location Central areas Along the river and in areas of land­ scape value (mountains, etc)

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 53 CHANGES PHYSICAL PROJECTS ADMINISTRATION/RULES OTHERS (ATTITUDE, HABITS, COMING CULTURE, ETC) CONSTRUCTION INFRASTRUCTURE OTHERS (EQUIP)

Arabs Transfer their Shops It will depends They get land that in the context originally houses to new transferred to a lot of the of CPU tends to be illegal (land from the coming SS local people reshaping of belongs to the people) north the relation­ ship with Khartoum. Location Back to Karthoum Specially in the case of strategic parcels

International Temporary camps The presence The ownership of the land to This group tends to use humanitarian of major UN donors and international orga­ intensively cars, creating already aid Sanitation supply and interna­ nizations because its clear and traffic congestion and demand tional donors consistant legal framework provide for more parking will track a valuable background to deal with Special areas for recreation more NGO’s land issues and groups Location Along the river

Private Services to international organizations. Hotels Recreational Purchase of land is an issue still investors and real estate not solved and will block further Sewage and water pipeline foreseen investors are possibilities for urban development foreseen in the coning Commercial resources associated are foreseen future Location Along the river Any area of opportunity

Other New international organizations, religious, A clear regulatory framework is international essential in order to orientate such groups resources toward sustainable urban development Location Near main avenues Specific regulations from the master plan can be taken as starting point for the develop­ ment of strategic areas

Tourists Not identifiable, yet New major Development in tourism demands public-private flexible approaches to leasing, PPP partnership and different forms of land tenure projects Location Probably along the river Any area

54 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT APPENDIX III

POSSIBLE NEXT STEPS f) Commercial interest; and USING ACTIVITIES FOR g) Other government sectors-educa­ A PARTICIPATORY TOWN tion, health, etc. PLANNING The participatory model anticipates use The following is an outline of the pos­ of the GIS mapping system to produce a sible activities that could be undertaken site map for community dialogue through to encourage participatory town planning. town meetings. Hard copy maps could It includes a list of skills sets that would be produced to allow the participants to need to be incorporated at the local and view the spatial relationship between land state levels. allocated for housing and necessary social and economic facilities (schools, health I. PARTICIPATORY PROCESS centers, markets and land allocated for WITH LOCAL GOVERNMENT commercial/small manufacturing enter­ 1) COMMUNITY DIALOGUE prises) .

Since local government is not currently Based on the assessments contained in structured to allow for systematic iden­ this report, Creative has developed a tification of community partners, (as yet, series of possible next steps, using town there are no town councils), we recom­ planning as the mechanism to increase mend establishing fora for community local governance capacity while simultane­ dialogue. Participants could be some ously responding to immediate needs by combination of representatives that might addressing issues pertaining to returnees, include: land allocation and land tenure. As well as those of the returnees. Results of the a) The three levels of local government meeting would then be provided to the as set out by the Local Government State Ministry for Land and Physical Infra­ Framework (5th Draft) (county, structure or approriate entity. payam and boma) and representa­ 2) IDENTIFICATION OF PROJECT AND tives from previously defined local LAND USES government institutions-communities, areas, administrative units represent­ One of the greatest challenges in par­ ed by chiefs; ticipatory governance is matching com­ munity expectations with fiscal resources b) Entity representing returnees; and administrative capacity. This phase of c) Existing residents; the process would allow for the relevant divisions within the Ministry for Land and d) State ministry divisions responsible Physical Infrastructure to consider the for land tenure, land use and infra­ technical aspects of the priority issues structure; identified in the community process and e) Organizations advocating for changes match community expectations with in social issues such as employment resources. Under a donor funded infra­ opportunities, education, health and structure phase of the redevelopment of women’s issues; urban centers necessary resources could be more available however, the process

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 55 could be designed to build capacity of II. CAPACITY BUILDING administrative offices regardless of funding ACTIVITIES source. For both state and local government of­ 3) PROJECT IMPLEMENTATION AND ficials to be able to conduct and effective LAND ALLOCATION participatory town planning process and This phase of the process addresses the implement the findings of the process the actual development of the selected site. following skills should be introduced.

4) PROJECT MONITORING Town Planning

Project monitoring is an essential element l Intergovernmental Relations of the process, allowing for the determina­ tion of project impact for the returnees l Community Meeting facilitation

and the community. Further, it provides an • Development of project/program element of control over potential cor­ scenarios rupt practices by requiring reports be disseminated to both the community and l Budgeting the government i.e. Ministry of Land and Physical Infrastructure. l Information dissemination Information to be disseminated: Implementation of Findings

l Capital project planning • A community group - NGO, neigh­

borhood councils, or some other l Needs assessments coordinating body should collect and report on the impact the project has l Labor based project management on the returnees; l Proposal writing

• Data on the number of plots sold l Labor based project management and revenues raised for sale of 3rd class land, and the revenues reflecting URBAN DENSITIES AND THE NEED FOR the difference between the value of INFRASTRUCTURE PLANNING 1st and 2nd class and 3rd class land, A plan to allocate priority infrastructures the total of which is placed in a fund according to certain goals for phasing the for which the government, under the extension of the town is crucial to sus­ direction of a multi representative tainable reintegration.The danger is that council, uses for securing additional the town experiences a double standard land / infrastructure for expansion or of urban services, according to income redevelopment. capacity and the ability to afford basic services. Most likely, this will segregate and • Tracking of private transaction of sales of leases to determine the impact the force lower income residents outside of infrastructure investment increases the town boundaries. The initial goal is the value of land. to establish a priority list of three urban infrastructure construction and rehabilita­ • Funding Source - The funding source tion projects. after first cycle is the funds generated from the sale of land. After consultation, different projects crucial for community development

56 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT which could be done through community Comments. It is important to keep in organizations and which will aid in the mind that garbage collection requires design of a holistic reintegration approach disposal sites and certain techniques include: for treatment (compost, burning, etc).This must be understood before 1) Drainage and secondary roads. undertaking any implementation. On Planned for the initial stage of infra­ the other hand, it is important to structure development to ensure bear in mind the possible negative appropriate function of the existing impact of the activity itself for differ­ neighborhood, but also to avoid ent tribal traditions and reputations. problems and inaccessibility issues associated with heavy rains. Further­ 4) Cement block factory.The activity more, this activity creates new areas would build a cement block factory for land subdivision.The idea behind which could serve future construc­ this project is to use simple machin­ tion necessary for the arrival of low- ery and intensive labor force. income groups.The activity can easily be linked to the guided land project. Comments. Requires significant input and support from technical engi­ Comments. Special attention should neers. It is important that the budget be paid to the sustainability of the includes a component to ensure process (who will be the owner of adequate linkages between road and the machinery, who will be responsi­ drainage master plans, with special ble for the operation, assess the pos­ regard to the general traffic plan and sibility and impact of other factories slopes in the case of drainage. settling in the area, etc) 2) Market improvements. Includes the a) Bicycle and pedestrian lanes as part of potential for neighborhood regen­ a strategy to protect strategic places (river eration, with sanitation provision, front) for public purposes tiles, and the construction of other b) Bus stop, targeting the alleviation of needed facilities. traffic congestion and improvement of transport conditions Comments. Requires special atten­ tion to the possibility of pre-existing Both projects should be included in exist­ organizations that can take the lead ing infrastructure projects to encourage in the project, in partnership with future and expanded use. public administrators.The activ­ ity provides a unique opportunity Discussion with members of the payam of to project into the future possible Juba backed such a proposal. Consultants steps for neighborhood revitalization raised the issue of sustainability of these strategies. projects, arguing that such proposals must be strongly linked to community organiza­ 3) Garbage collection.Target to clean tions and town/payam structures so that the town as a whole, with the upon completion of the projects, they possibility of educating citizens on remain viable. It is recommended to set environmental education and proper aside funds for education in order to sup­ disposal techniques. port the replication of the process.

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 57 PROPOSAL FOR UNIFYING THE THREE The idea is to create an organization in PROJECTS charge of the neighborhood renewal and extension, based on payam structures, Considering the high potential for quick whose main mission engenders com­ implementation and intensive labor force munity participation to support detailed projects, it makes sense to integrate and planning decisions. New elements should link them to the target of the project-­ include groups and individuals interested guided land development for returnees in returnee reintegration.This group will and ex-combatants. interact with the responsible bodies for The project, from this perspective, should the town master plan regarding issues of include integration of the following: land ownership, subdivision, infrastructure 1) the construction of secondary roads, priorities, etc. 2) rehabilitation of existing markets, 3) neighborhood renewal and extension. An important corollary includes build­ ing infrastructure and sanitation for the market using the cement block machine, training people for its use and future development as a micro-business, and sanitation/garbage collection.

58 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT APPENDIX IV

GLOSSARY AND ACRONYMS

BOMA the lowest level of local government--a Chief’s area.

CPA Comprehensive Peace Agreement, signed January 2005 provides the outline and framework for transition for the Government of Southern Sudan.

CROQUE survey plots

GONU Government of New Unity

GOS Government of Sudan -- capital is Khartoum

GOSS Government of Southern Sudan

HAC GOS’s Humanitarian Aid Commission

IDPS Internally Displaced Persons

IOM International Organization for Migration

IRC International Rescue Committee

JAM Joint Assessment Mission

JICA Japanese International Cooperation Agency

OAG Other-affiliated armed groups

OCHA UN Office for the Coordination of Humanitarian Affairs

PAYAM An intermediate administrative level of Local Government between the County and the Boma.

RRR Return, recovery and reintegration

SPLA Sudan People’s Liberation Army--the military arm of the SPLM

SPLM Sudan People’s Liberation Movement

SRRC GOSS Sudan Relief and Rehabilitation Commission

SSDDRC GOSS Southern Sudan Disarmament, Demobilization and Reintegra­ tion Commission

UNHCR UN High Commissioner for Refugees

UNIMIS UN Mission in Sudan

JUBA,WAU AND MALAKAL: COMMUNITY PLANNING FOR RESETTLEMENT 59

U.S.Agency for International Development 1300 Pennsylvania Avenue, NW Washington, DC 20523 Tel: (202) 712-0000 Fax: (202) 216-3524 www.usaid.gov