Land Policy in South Sudan

Abstract

Purpose: This study was aimed at examining land policy in South Sudan in relation to land rights, land management, land administration and governance among South Sudanese. The study identified what government and citizens must do to achieve this goal, including adopting various legal reforms; clarifying the roles of government institutions with respect to land administration; building the capacity of land administrative institutions, including civil and traditional authorities; taking steps to ensure these institutions were transparent and accountable; providing guidance on good land use planning practices; strengthening the rights of women to land. The objectives of the study were to examine the land policy framework and its extent in delivery of services in relation to land tenure systems land ownership, governance and challenges experienced for redress.

Methodology: Qualitative research method was applied.  Using purposive sampling techniques, a sample of 500 respondents were sampled.  Data gathering included Focus Group Discussions (FGDs), extended interviews. Informants for the interviews and the FGDs and the subjects for the observations included government officials, representatives of civil society, chiefs, traditional leaders, elders, and communities. These were selected based on their knowledge and experience on land matters and majority having taken part in the liberation of the country.  

Findings: The study findings revealed that there was lack of clarity on the roles of different levels of governance in conflict mitigation and resolution, confusion on the body of laws to be applied in land conflicts, and the increasing involvement of traditional leaders in conflicts have all laid the groundwork for violence around land.

Unique Contribution to Theory, Practice and Policy: The study recommended for involvement of all the stakeholders in-depth debates on the opportunities for formalisation, informing these discussions with solid empirical analysis, mobilizing all stakeholders and enabling civil society actors to understand the issues on land ownership.