LAND TENURE ISSUES IN SOUTHERN SUDAN: KEY FINDINGS AND RECOMMENDATIONS FOR SOUTHERN SUDAN LAND POLICY DECEMBER 2010 This publication was produced for review by the United States Agency for International Development. It was prepared by Tetra Tech ARD. LAND TENURE ISSUES IN SOUTHERN SUDAN: KEY FINDINGS AND RECOMMENDATIONS FOR SOUTHERN SUDAN LAND POLICY THE RESULTS OF A RESEARCH COLLABORATION BETWEEN THE SUDAN PROPERTY RIGHTS PROGRAM AND THE NILE INSTITUTE OF STRATEGIC POLICY AND DEVELOPMENT STUDIES DECEMBER 2010 DISCLAIMER The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS Acknowledgements Page i Scoping Paper Section A Sibrino Barnaba Forojalla and Kennedy Crispo Galla Jurisdiction of GOSS, State, County, and Customary Authorities over Land Section B Administration, Planning, and Allocation: Juba County, Central Equatoria State Lomoro Robert Bullen Land Tenure and Property Rights in Southern Sudan: A Case Study of Section C Informal Settlements in Juba Gabriella McMichael Customary Authority and Traditional Authority in Southern Sudan: A Case Study Section D of Juba County Wani Mathias Jumi Conflict Over Resources Among Rural Communities in Southern Sudan Section E Andrew Athiba Synthesis Paper Section F Sibrino Barnaba Forojalla and Kennedy Crispo Galla ACKNOWLEDGEMENTS The USAID Sudan Property Rights Program has supported the Southern Sudan Land Commission in its efforts to undertake consultation and research on land tenure and property rights issues; the findings of these initiatives were used to draft a land policy that is meant to be both legitimate and relevant to the needs of Southern Sudanese citizens and legal rights-holders. The Southern Sudan Land Commission recognized the importance of engaging Southern Sudanese academic institutions in undertaking land tenure and property rights research and recommended that the Sudan Property Rights Program collaborate with the Nile Institute to research key topics. The reports presented in this document are the result of several months of hard work by both the Nile Institute and the teams contracted to undertake this research. Southern Sudan poses particular challenges to researchers, both logistical and political, particularly when focusing upon the sensitive topic of land. Despite these challenges, the Nile Institute and research teams have produced important findings and recommendations that will add to the body of literature on land tenure and property rights in Southern Sudan and complement the results of public consultation, providing empirical evidence upon which to base aspects of Southern Sudan’s land policy. The USAID Sudan Property Rights Program recognizes and commends the Nile Institute and research teams for their perseverance and hard work to produce this research. LAND TENURE ISSUES IN SOUTHERN SUDAN i SCOPING PAPER: LAND TENURE AND PROPERTY RIGHTS IN SOUTHERN SUDAN DECEMBER 2010 This publication was produced for review by the United States Agency for International Development. It was prepared by Tetra Tech ARD. SCOPING PAPER: LAND TENURE AND PROPERTY RIGHTS FOR SOUTHERN SUDAN DECEMBER 2010 DISCLAIMER The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................. A-I ACRONYMS .............................................................................................. A-II ACKNOWLEDGEMENTS ...................................................................... A-III INTRODUCTION ...................................................................................... A-1 STRUCTURE ................................................................................................................... A-1 1.0 CUSTOMARY LAND TENURE SYSTEMS IN SOUTHERN SUDAN ................................................................................................ A-3 2.0 RELATIONS BETWEEN GOVERNMENTS AND TRADITIONAL AUTHORITIES OVER LAND .............................. A-5 3.0 URBAN LAND MANAGEMENT AND THE QUESTION OF INFORMAL SETTLEMENTS ............................................................ A-7 3.1 URBAN PLANNING IN SUDAN ........................................................................... A-7 3.2 INFORMAL SETTLEMENTS .................................................................................... A-8 4.0 RESETTLEMENT OF RETURNEES ............................................... A-10 5.0 RESTITUTION OF LAND AND PROPERTY ............................... A-11 6.0 VULNERABLE GROUPS ................................................................. A-13 7.0 WOMEN’S RIGHTS TO ACCESS LAND AND PROPERTY ..... A-14 8.0 INVESTORS’ (LOCAL & FOREIGN) ACCESS TO LAND ......... A-16 9.0 CONFLICTS OVER RESOURCES ................................................. A-18 10.0 CONCLUDING REMARKS ............................................................. A-20 REFERENCES ........................................................................................... A-21 ANNEX 1: RESEARCH THEMES AND QUESTIONS ........................ A-23 LAND TENURE ISSUES IN SOUTHERN SUDAN A-i ACRONYMS CPA Comprehensive Peace Agreement FDI Foreign Direct Investment GOS Government of Sudan GOSS Government of Southern Sudan IDPs Internally displaced Persons ICS Interim Constitution of Sudan ICSS Interim Constitution of Southern Sudan LTPR Land Tenure and Property Right Research NGOs Nongovernmental Organizations NISPDS Nile Institute of Strategic Policy and Development Studies NPA Norwegians People’s Aid NRC Norwegian Refugees Council SAAR Secretariat for Agriculture and Animal Resources SPLA Sudan Peoples’ Liberation Army SPLM Sudan Peoples’ Liberation Movement SPLM/A Sudan Peoples’ Liberation Movement/Army SPRP Sudan Property Right Program SSLA Southern Sudan Legislative Assembly SSLC Southern Sudan Land Commission UNHCR United Nations High Commissioner for Refugees USAID United States Agency for International Development A-ii LAND TENURE ISSUES IN SOUTHERN SUDAN ACKNOWLEDGEMENTS Different institutions and people have contributed to the completion of this scoping paper. Foremost amongst them is the USAID Sudan Property Rights Program (SPRP), which contracted NISPDS to undertake research into land and property rights issues in Southern Sudan. A first step in this process is the preparation of this Scoping Paper. Among those who have worked closely with us while preparing this scoping paper are: the present and former Chief of Party, Dr. Steven Lawry and Mr. David Scribner, respectively; Peter Giampaoli for providing valuable documents and making useful comments to enhance the paper; and Nelson Marongwe, Technical Advisor, for making useful suggestions, particularly on research section. We also thank Ms. Monica Sanchez of NRC for the providing useful materials on land issues. Special thanks goes to H.E. Robert Benjamin Lowki, the Chairman of GOSS Land Commission, for encouraging the contribution of local academic institutions the process of land policy development in Southern Sudan. In this regard, we would also like to recognize the contribution of Dr. Michael Ruth of Tetra Tech ARD for taking time to come and develop with us the road map for the collaboration between NISPDS and SPRP. Finally, we acknowledge the contribution of Dr. Alfred Sebit Lokuji for making valuable suggestions and editorial comments on the paper. We take the burden for all errors. Sibrino Barnaba Forojalla Kennedy Crispo Galla LAND TENURE ISSUES IN SOUTHERN SUDAN A-iii INTRODUCTION The nascent Government of Southern Sudan (GOSS) has come into existence when globalization and liberalization are the defining principles for the management of national economies and resources. These imperatives present critical challenges to the new administration, especially in the light of the acknowledged land and natural wealth of Southern Sudan.1 Recognizing the central importance of land to the people of Southern Sudan, the Comprehensive Peace Agreement (CPA) mandated the establishment of the Southern Sudan Land Commission (SSLC) to address the issues of land tenure and property rights in Southern Sudan. This new organization is faced with daunting challenges of how to resolve differences in expectations about land-use at all levels, from the national government down to communities. The Land Commission first developed the Southern Sudan Land Bill, which was passed into an Act by the Southern Sudan Legislative Assembly (SSLA) in January 2009. What is envisaged to follow is the formulation of land policy and laws, which is a long-term undertaking, requiring wide consultations with the communities at large and will be supported by evidence-based research. The United States Agency for International Development (USAID) has contracted Tetra Tech ARD to collaborate with the SSLC through the Southern Sudan Property Rights Program (SPRP), in order to assist the GOSS in development of a land policy. The SPRP and SSLC have convened consultation workshops in each of Southern Sudan’s ten states. They are continuing to implement a program of consultation and land tenure and property rights (LTPR) research to inform the process of land policy development. To pursue the research aspect, the SPRP has subcontracted the Nile Institute of Strategic Policy and Development Studies (NISPDS), a national think tank,