Land and Poverty Conference 2016 Scaling up Responsible Land Governance 14-18 March, 2016 | Washington, DC Francesca Marzatico: UNHABITAT – Global Land.

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Land and Poverty Conference 2016 Scaling up Responsible Land Governance March, 2016 | Washington, DC Francesca Marzatico: UNHABITAT – Global Land Tool Network LAND AND CONFLICTS IN SOUTH SUDAN: TAKING THE LAND QUESTION SERIOUSLY IN THE PEACE BUILDING PROCESS

GLTN BRIEFING AND PROGRAMME Overview Introduction: Facts & FiguresWhy Land is importantLand and conflicts in South Sudan Land in the CPA Land in the 2015 Peace agreement Conclusions

GLTN BRIEFING AND PROGRAMME South Sudan – Where is it?

GLTN BRIEFING AND PROGRAMME South Sudan – Facts & Figures  9 July 2011Independence  644,329 km 2 Surface  8,260,490 Population in 2008  Million Population in 2013  6.1 Million People in need  1.66 Million+ 646,000Displaced  51% People below poverty line  27%Adult literacy in 2010

GLTN BRIEFING AND PROGRAMME 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

GLTN BRIEFING AND PROGRAMME Land & Conflict - History Role of the Land in the Sudan-Southern Sudan Conflict  Agricultural Use  Control of Nile Waters  Control of natural resources Colonial and Post-colonial attempts to regulate use of land for commercialization  1906 Land Ordinance law  1925 Land Settlement and Registration Ordinance  1970 The Unregistered Land Act  1983 Second Civil War Comprehensive Peace Agreement 2005

GLTN BRIEFING AND PROGRAMME Land & Conflict - CPA Wealth Sharing Protocol (Art. 2(7)) Southern Sudan Land Commission (independent)  Make recommendations on:  law and policy reform  Recognition of Customary rights  Entertain claims  Assess compensation claims DID NOT ADDRESS ISSUES ON LAND OWNERSHIP

GLTN BRIEFING AND PROGRAMME Status of Land Governance THE SSLC has worked on:  Tenure System  Legal Framework Institutional Framework remained a bigger challenge and not properly addressed

GLTN BRIEFING AND PROGRAMME Status of Land Governance 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

GLTN BRIEFING AND PROGRAMME Status of Land Governance Legal Framework  CPA (2005)  Land Act (2009)  Local Government Act (2009)  Investment Promotion Act (2009)  LAND POLICY?!?

GLTN BRIEFING AND PROGRAMME Status of Land Governance Institutional Framework (CPA & Land Act)  Lack of clear definition of powers and responsibility at National Level  SSLC  Principle of Decentralization  States  County Land Authorities  Payam Councils  Boma

GLTN BRIEFING AND PROGRAMME In spite of these attempts… Main Land Disputes not addressed:  Access to land and natural resources  Large scale land investments  Land Grabbing  Conflicts around different used of land  Boundaries delimitation  Expansion of urban areas and encroachment in community land  Multiple allocations  Lack of capacity/corruption Control of the land for its economic potential, especially with respect to the oil fields – Power Struggle between SPLM – IO and GRSS

GLTN BRIEFING AND PROGRAMME 2015 Peace Agreement  Chapter I Article 14: SSLC to be reconstituted at national level within a month  Chapter III article 1: GRSS and the SPLM/A-IO shall ensure “the establishment of mechanisms for registration” of affected populations including land

GLTN BRIEFING AND PROGRAMME 2015 Peace Agreement  Chapter III, Article 4.2: the GNU  Within 12 months, to initiate a national debate on the Land act (2009) and the Land Policy  Within 18 months, to establish an independent Registrar of Lands at all levels of government  Empower Commissions at different levels of Government to develop and interpret legislation in the respect of customary law  Assist in the mediation of conflicts arising from land.

GLTN BRIEFING AND PROGRAMME QUESTIONS WHY IF LAND WAS INCLUDED IN THE CPA WE HAD A NEW CONFLICT IN SOUTH SUDAN? IS THE LAND TAKEN SERUOUSILY IN THE PEACE AGREEMENT? … AND IN THE PEACEBUILDING PROCESS??

GLTN BRIEFING AND PROGRAMME Conclusions/considerations  Consider Land as root cause of conflict: do not just treat the symptom!  Address land in peace agreements…but then follow up on the process (both at policy and ground level)  Failure in addressing land governance development needs in post conflict can fuel new/more conflicts  Look at the ground do not forget to create peace and opportunities at local/communal level

LAND AND CONFLICTS IN SOUTH SUDAN: TAKING THE LAND QUESTION SERIOUSLY IN THE PEACE BUILDING PROCESS NEED TO KNOW MORE? Francesca Marzatico (Ph.D.) Land and Global Land Tool Network Unit Urban Legislation, Land and Governance Branch United Nations Human Settlements Programme P.O. Box 30030, GPO Nairobi 00100, Kenya Tel: Skype: f.marzatico Website Partners: THANK YOU!