Gender, Women’s Land Rights and Climate Resilience Nexus: What Legal and Policy Frameworks can Advance the Land Equality Agenda in South Sudan?

Abstract

Purpose: This study examines the intricate nexus between gender, women’s land rights, and climate resilience in South Sudan, aiming to identify legal and policy frameworks that can advance the Land Equality Agenda amidst ongoing conflicts and environmental challenges.

Methodology: The research employs a qualitative approach, analyzing legal documents, policy frameworks, and institutional reports, supplemented by a review of scholarly literature and policy analysis. It also incorporates insights from key stakeholders through interviews and workshop reports, providing a comprehensive understanding of the legal, social, and environmental dynamics at play.

Findings: Key findings indicate that although the Transitional Constitution and Land Act recognize women’s land rights, customary laws and social norms heavily restrict women’s access and inheritance, exacerbating vulnerabilities to climate-related disasters. Climate change acts as a threat multiplier, intensifying resource scarcity, displacement, and conflict, disproportionately affecting women and marginalized groups. Institutional weaknesses, political inertia, and limited resources hinder effective implementation of reforms, while persistent cultural norms impede progress toward gender equality in land governance.

Unique Contribution to Theory, Policy and Practice: Based on these findings, the study recommends comprehensive legal reforms to explicitly recognize women’s land rights, enforcement of gender quotas in land governance institutions, and strengthening customary justice systems to align with national laws. It advocates for integrated climate and land policies that prioritize women’s empowerment, capacity-building initiatives, and community-based awareness campaigns.