a roadmap for the implemantation of south sudan land policy: a step towards the land reform? “2014...
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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 [email protected]
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!