CHALLENGES OF LAND GOVERNANCE IN THE MAKING OF

A NEW NATION: EXPERIENCES FROM SOUTH SUDAN

“2014 WORLD BANK CONFERENCE ON LAND AND POVERTY”Washington DC, March 24-27, 2014

Francesca MarzaticoIndependent Consultant, South Sudan

Objective

• Key Land Governance Challenges and how these have been

addressed in the Draft National Land Policy

• Land Governance Partnership between the EU and the

MLHPP

• Future of Land Governance in South Sudan

Facts & Figures about South Sudan

• 9 July 2011 Independence

• 644,329 km2 Surface

• 8,260,490 Population in 2008

• 10.26 Million Population in 2012

• 4.4 Million People at risk of food insecurity in 2013

• 51% People below poverty line

• 27% Adult literacy in 2010

Why is Land important in South Sudan?

Why is Land important in South Sudan?

• Critical resource (oil and other natural resources, agriculture)

• Deep economic, socio-political and cultural dimensions

• Place of belonging for individuals and communities.

Status of Land Governance: Challenges• Tenure System

• Legal Framework

• Institutional Framework

• Disputes resolution system

• Registration System

Status of Land GovernanceTenure system

• Land can be classified as:• Public • Private • Community

• Foreigners cannot own land in South Sudan

• Widespread tenure insecurity (multiple allocations, lack of land

titles, corruption)

• Women do not have access to Land

Status of Land Governance

Legal Framework• CPA (2005)• Land Act (2009)• Local Government Act (2009)• Investment Promotion Act (2009)

Not implemented:

no regulation adopted

no awareness

no institutional set up

Status of Land Governance

Institutional Framework (CPA & Land Act)

• Principle of Decentralization• States• County Land Authorities• Payam Councils • Boma

• Lack clear definition of powers and responsibility at National Level

• Lack financial resources allocation (commitment?)

• Limited capacity and poor management of land administration officials

Status of Land Governance

Disputes resolution system• Statutory Law • Customary Law

• Hybrid system with an unclear division of roles between customary

and statutory authorities

• “Forum Shopping” (Deng 2013)

Status of Land Governance

Land Registration System

• Land Act: Land Registry at National Level Ministry of Housing and Physical

Planning and within the concerned ministries at state level (S. 54).

• Currently with Judiciary and only in urban areas

• Old and rudimental

• Inaccurate/Loss of documents and data

• Registration not yet extended in spite of few pilots

Land Policy• Consultative process 2006 -2011

• Security of tenure for all (including women!), with no discrimination

• Recognition of customary tenure (Community Land Act)

• Indications for a legislative reform

• Reorganization of functions of land administration & management

• System of land governance based on transparency accountability

Land Governance Partnership

Objective:

Strengthen the land governance system in South Sudan through

enhancing transparency, accountability and professionalism of land

authorities in accordance with the VGGT

Ultimate goal:

Reduce poverty, increase food security through strengthen

protection of rights

Land Governance Partnership

• The EU supports the MLHPP to develop and strengthen land

administration institutions at all levels of government

• Milestones• G8 June 2013• Needs assessment/Identification of areas of technical

assistance• Definition of mutual obligations

• Next steps• Formalization of the process • Launching of the project

Conclusions

•Challenges related to the current situation

•Building institutions and structures to support and

rule the country without leaving behind the people

• Support to Land Governance Development to build

peace

• Government’s commitment + donors’ support

Questions

?

Thank you!