Part B Action Programs for Key Infrastructure Sectors Chapter 5 : Lands and Water Resource Management Chapter 6 : Development of Agriculture in South Sudan Chapter 7 : Transport Services and Infrastructure Chapter 8 : Provision of Electric Power Chapter 9 : Water Supply and Sanitation Chapter 10 : Creation of Communication Network Lands and Water Resource 5 Management 5.1 The Setting 5.2 Climate and Ecological It is clear that sustained development in South Sudan, Zones including reduction in poverty and improved food security, depends on secure access to the substantial land Altitudes in South Sudan range from 600 to 3,000 meters and water resources of the country. Moreover, successful above sea level. Most of the geographical parts of the implementation of an ambitious infrastructure program country have a sub-humid climate. Rainfall is favorable, along the lines outlined in this Report to support this with Western Equatoria and the highland parts of Eastern growth depends on sustained progress in dealing with these Equatoria receiving 1,200 to 2,200 mm of rainfall annually. basic issues related to land and water rights and access. Th e lowland areas of Eastern Equatoria, Jonglei, Upper Continued confl ict over and or uncertainty about these Nile and Bahr el Ghazal receive between 700 and 1,300 rights will result in delays in infrastructure investment mm of rainfall annually. Th e south-eastern tip of Eastern decisions and implementation and lower overall economic Equatoria receives the least rainfall, about 200 mm growth. annually. Map 5.1 indicates the rainfall patterns for Sudan and South Sudan. At the time that the CPA was signed, the Government of Lands and Water Resource National Unity (GNU) and the Government of Southern For Sudan as a whole, Harrison and Jackson (1958) Sudan (GOSS) recognized the need for development described fi ve major ecological zones based on fl oristic 28 of land policy, and related legislation, institutions, and composition, rainfall and soil types. Th e ecological supporting services. In the subsequent period, rights of classifi cation now most commonly used is a modifi ed Management version of the classifi cation by Harrison and Jackson. access to agricultural land for cultivation of crops and livestock production, water for irrigation, forest products, It delineates six major divisions and a number of and petroleum reserves for export revenues have been subdivisions. South Sudan is classifi ed as savannah contested at national, regional and local levels. Confl icts woodland (high and low rainfall), fl ood region, montane among competing groups for access to and control over zone, and semi-desert. Th e savannah woodland is sub- land and water are common in South Sudan. Th e decades divided into low rainfall savannah and high rainfall of war, prevalence of weapons, and numbers of people with savannah. Low rainfall savannah occurs mainly in the combat experience have increased the likelihood of disputes north and is only represented in the south by a small area turning violent. Establishment of an eff ective, integrated, in the northern parts of Upper Nile State. High rainfall socially legitimate system for resolution of disputes over savannah covers most of the country with the exception land, water and other natural resources is critical to South of the fl oodplain around the Nile and the montane Sudan’s future. While progress has been made in addressing region of Didinga and Imatong Mountains. High rainfall these problems, the reality is that issues of access to land and savannah woodland is further divided into two sub-zones natural resources and security for the population continue – savannah woodland and savannah woodland recently to demand urgent and sustained attention. derived from rainforest. 28 Harrison, M. N. and J. K. Jackson (1958), Ecological Classifi cation of Vegetation of Sudan. Bulletin No.2.1-45 Forest Department, Khartoum. South Sudan: An Infrastructure Action Plan 109 5.3 Land Resources of South insertion of the concept of “Land belongs to the people” MAP 5.1: Average Annual Rainfall in South Sudan and Sudan in the CPA and inclusion in the Interim Constitution of Sudan Sudan and Interim Constitution of Southern Sudan. South Sudan is in the midst of a transition from decades Th e CPA provided for the creation of the Southern Sudan of civil war to a peaceful country. Land tenure and Land Commission (SSLC), which came into existence property rights issues could undermine that transition by in 2006. Its fi rst major responsibility was the draft ing of hampering a productive agricultural sector and long-term a new land law for Southern Sudan. Th e Land Act was economic growth. In 2010, USAID reported that rural promulgated in 2009; its main features are as follows: people contest the right of the GOSS to hold and manage land in trust on their behalf, claiming that land “belongs • All land is owned by the people of South Sudan, and to the people.”30 Ongoing confl icts, many violent, erupt the Government of South Sudan is responsible for among pastoralists and between pastoralists and farmers. regulating use of the land. Customary claims to land in peri-urban areas are routinely ignored, fueling confl ict. Laws and state institutions for • Th e Act provides for registration of land in South Sudan; land administration and confl ict mediation are weak, all land, whether held individually or collectively, shall and there is confusion over which laws take precedent – be registered and title granted. statutory or customary? • Public land is land owned collectively by the people of South Sudan and held in trust by the Government 5.3.1 Land Tenure and Ownership of South Sudan. Public land includes land used by government offi ces, roads, rivers and lakes for which Customary law has governed the use of land in the no customary ownership is established, and land country for centuries, with each ethnic group applying its acquired for public use or investment. own laws relating to land and land rights within its own geographical setting.31 With the imposition of foreign rule • Community land is land held, managed, or used by over Sudan more than a century ago, various attempts communities based on ethnicity, residence, or interest. were made to change this regime. Th e fi rst serious attempt Community land can include land registered in the to control customary land was by the Anglo-Egyptian name of a community, land transferred to a specifi c regime through the Land Ordinance of 1906. Th is made community, and land held, managed, or used by a all land in Sudan the property of the government. In community. practice, however, land in South Sudan remained under the control of communities through the practices of • Private land includes registered freehold land, leasehold customary laws and principles. In the post-independence land, and any other land declared by law as private land. period, the Unregistered Land Act of 1970 provided that Freehold land can be held in perpetuity and includes any land not registered in accordance with the 1925 Land the right to transfer and dispose of the land. Leaseholds Settlement and Registration Ordinance was considered can be obtained for customary and freehold land. to belong to the Government of Sudan. Although the law Leases can be granted for periods of 99 years or less. was opposed and challenged by most communities in Leases of more than 105 hectares of customary land Southern Sudan, the government used it for the diversion must be approved by two local government bodies. of water through the construction of the Jonglei Canal and oil prospecting projects. Th is unilateral decision to exploit • Th e Land Act outlines a decentralized plan for land the natural resources of the South, with scant attention to administration with County Land Authorities and human security, land rights and livelihoods, contributed Payam Land Councils. to the outbreak of confl ict in 1983. On the whole, land laws enacted by governments in Khartoum throughout • Foreigners cannot own land in South Sudan, but can lease land for periods up to 99 years. For agricultural Temperatures are typically above 25°C and can rise above to June), people and cattle return to upland wet areas. the colonial and post-colonial periods have not seriously investments, leases are up to 30 years and are renewable; 35°C, particularly during the dry season, which lasts from Seasonal movements are less pronounced in the more aff ected the customary land tenure system in South Sudan. for forestry purposes, land can be leased for up to 60 January to April. For pastoralists, the hot, dry conditions agricultural areas such as the Hills and Mountains Zone During peace negotiations in Machakos and Naivasha, years and are renewable. Prior to the grant of a lease, a trigger seasonal human and livestock migration to more and are almost non-existent in the exclusively agricultural land was the main point of contention between the consultation with aff ected communities is required as permanent water sources, which serve as dry season Greenbelt Zone. Th ese two zones have two rainy seasons, Government of Sudan and the SPLM. Th e result was the is an environmental impact assessment. grazing pasture. It also refl ects on the escalation of April to July and August to December. However, there is confl icts among the pastoralists in search for water. For evidence that points to a decline in rainfall as a result of some ethnic groups, such as the Dinka, they also serve climate change. 29 as fi shing grounds. At the onset of the main rains (April 29 Th is brief outline of climatic conditions draws on information provided in Southern Sudan Livelihood Profi le of 2006.