A ROADMAP FOR THE IMPLEMANTATION OF SOUTH SUDAN

LAND POLICY: A STEP TOWARDS THE LAND

REFORM?“2014 WORLD BANK CONFERENCE ON LAND AND POVERTY”Washington DC, March 23-27, 2015

Francesca Marzatico Ph.D.Ministry of Agriculture, Forestry and Cooperation Development (MAFCRD)Republic of South Sudanfrancesca.marzatico@gmail.com

Overview

Introduction: Facts & Figures

Land legal and institutional framework

Land Policy: process and content

Implementation of Land Policy: Challenges

Conclusions

Facts & Figures about South Sudan

• Independence9 July 2011• Surface

644,329 km2

• Population in 20088,260,490• People at risk of food insecurity in 2015 4.1 million

• People below poverty line51%• Adult literacy in 201027%

Why is Land important in South

Sudan?• Critical resource (oil and other natural

resources, agriculture)

• Place of belonging for individuals and communities.

• Deep economic, socio-political and cultural dimensions

Legal Framework

CPA (2005)

Land Act (2009)

Local Government Act (2009)

Investment Promotion Act (2009)

No regulations adopted

Tenure system

Land is “owned collectively by all people of Southern

Sudan and held in trust by the appropriate level of

government” (S.10.1) Land Act

Land can be classified as: Public Private Community

At the moment foreigners cannot own land in South

Sudan

Institutional Framework

Ministry of Lands, Housing and Physical Planning

South Sudan Land Commission

Principle of Decentralization States

County Land Authorities

Payam Councils

Boma

Lack of clear definition of powers and responsibility at National

Level

Land Policy – Main Objective

To create security of tenure at all levels and

for all individuals without discrimination in

order to bring peace, stability and

sustainable economic growth

Land Policy – Principles

Security of tenure for all, with no discriminati

on

Transparency,

accountability

Recognition of

customary tenure

Indications for a

legislative reform

Reorganization of

functions of land

administration and

management

Land Policy - Process

2006 Begin SSLC

2009 Land Policy Steering Committee

2009-2010 Ten states workshops

2010 Three national workshops (gender, private sector, validation)

2011 Ministry of Justice

2012 Council of Ministers

2013 Revision

2014 National Legislative Assembly

Land Policy - Structure

Chapter VI - Implementing the Land Policy

Chapter V- Legislative Development and Reform

Chapter IV - Land Policy Statements

Chapter III Guiding Land Policy Principles -

Chapter II - The Policy Goal: Strengthening Land Tenure Security for All Citizens

Chapter I - Background to the Land Policy

Land Policy – Implementation

Chapter V

“Extensive review” of “existing laws

Enactment of:

Community Land Act

Legislation guaranteeing the inheritance rights for female households,

partners and children

Laws setting standards for land survey, land valuation and property

mortgages

Legislation on land use planning, land survey, registration, and land

information.

Land Policy – Community Land Rights

Policy Statement 8

Give to community tenure same legal protection of statutory land tenures

Community Land Act: Statutory recognition of community land rights

Institutional memory

Policy Statement 11.1

Progressive recording of rights under customary land tenure

Policy Statement 15

Communities’ rights to natural resources in common

Challenges

NO coordinated mapping exercises

Registration

Ideological debate Conflict

Lack of capacity/commitmen

t

Conclusions

Challenges related to the current

situation

Land as peace-building tool

Guidelines and Regulations vs. law

Government’s commitment

Questions

?

Thank you!