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 Sudan
Overview Introduction: Facts & FiguresLand legal and institutional frameworkLand Policy: process and contentImplementation of Land Policy: ChallengesConclusions
Facts & Figures about South Sudan Independence 9 July 2011 Surface 644,329 km 2 Population in ,260,490 People at risk of food insecurity in million People below poverty line 51% Adult literacy in %
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 discrimination Transparency, accountability Recognition of customary tenure Indications for a legislative reform Reorganizatio n of functions of land administration and management
Land Policy - Process 2006Begin SSLC2009 Land Policy Steering Committee Ten states workshops2010 Three national workshops (gender, private sector, validation)2011 Ministry of Justice2012Council of Ministers2013 Revision2014 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/co mmitment
Conclusions Challenges related to the current situation Land as peace-building tool Guidelines and Regulations vs. law Government’s commitment
Questions ?
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