South Sudan

SSD

South Sudan

Since its independence from Sudan in 2011, the new state of South Sudan is experiencing political and economic instability. The country is made up of 10 states with a population of roughly 10 million people, while 3 million people migrated to neighboring countries. The economy of the country is largely based on oil exports that account for 71% of the total GDP. Three-quarters of the population relies on farming and pastoralism.

The Transitional Constitution of 2011 establishes that all land is owned by the people of South Sudan, giving the government responsibility for the regulation of land tenure and exercise of land rights. According to the Constitution, all levels of government incorporate customary rights and practices into their policies and strategies. Consequently, three Acts have been passed: the Land Act, which recognizes rights to customary, public and private land; the Local Government Act, which gives the power to local government and traditional authorities to regulate and manage land; and the Investment Promotion Act, which sets the procedures for private investments. However, the majority of the population is unaware the laws or the rights they infer. As a result, customary laws and practices continue to govern the access, use and allocation of land.

The civil war in South Sudan was mainly caused by the need for self-determination, unequal development and control’s of the country’s natural resources. After the signing of the peace agreement, land disputes continued to increase due to the uncertainty of borders and to the unequal access to land and natural resources. In this regard, the government has tried to empower local institutions to act as mediators in land disputes, but the lack of clear rules and regulations prevents the actual resolution of disputes related to land. 

Source of the narrative

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Indicators

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Infographics

Land Governance Assessment Framework (LGAF)

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    • Very Good Practice
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    • Very Weak Practice
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    Voluntary Guidelines on the Responsible Governance of Tenure

    Legend: National laws adoption of the VGGT principle
    • Fully adopt
    • Partially adopt
    • Not adopted
    • Missing Value

    Note: The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security (The VGGTs) were endorsed by the Committee on World Food Security in 2012.

    The "VGGT indicators" dataset has been created by Nicholas K. Tagliarino, PhD Candidate at the University of Groningen, with support from Daniel Babare and Myat Noe (LLB Students, University of Groningen). The indicators assess national laws in 50 countries across Asia, Africa, and Latin America against international standards on expropriation, compensation, and resettlement as established by Section 16 of the VGGTs.

    Each indicator relates to a principle established in section 16 of the VGGTs. Hold the mouse against the small "i" button above for a more detailed explanation of the indicator.

    Answering the questions posed by these indicators entails analyzing a broad range of national-level laws, including national constitutions, land acquisition acts, land acts, community land acts, agricultural land acts, land use regulations, and some court decisions.

    Media

    Latest News

    By Ajo Noel Julious K.

    Land in South Sudan is a prickly thing, complicated even further by the confusion associated with legal land ownership. The parallels and discrepancies between provisions in the laws and practice on the ground have driven the confusion. The absence of sound government policy on land ownership has made it even worse.

    Library

    Displaying 1 - 6 of 359
    Regulations
    March 2014

    This Governmental Decree establishes that the scope of land cadastre shall be to provide state bodies of all levels, natural and legal persons with the informationrelated to land areas and land quality located within the boundaries of urban areas, local government, districts and at the national level.

    Regulations
    August 2008

    These Regulations implement provisions of the Mines and Minerals Development Act, 2008 with respect to a wide variety of matters such as: organization of mining cadastre offices; application for, or grant or renewal of a mining right or a mineral processing licence; transfer of a mining right or a mineral processing licence; permission for the abandonment of a mining area; alteration of or prospecting in a mining area; various matters relating to survey, mapping and certification.The central mining cadastre office in Lusaka shall administer mining rights and mineral processing licences.

    Legislation
    May 2006

    This Act establishes the Zambia Development Agency and the Trade and Industrial Development Fund and makes provision in general for economic development in Zambia. In certain cases, development requires a licence, permit or certificate of registration of the Board of the Agency.

    Legislation
    October 1999

    Point 26 of the paragraph 1 of the Article 9 is supplemented with the expression "land survey/mapping practices". Point 45 of the paragraph 1 of the Article 9 acquires a new wording. It reads as follows "formal acceptance, storage and processing of cereals and the by-products of their processing at grain-elevators". Paragraph 1 of the Article 12 is supplemented with the following sentence: "Export and import of some commodities (produce and service) are subject to obligatory licensing".

    Amends: Law No. 2200 (1995-04-17)

    Legislation
    April 1995

    This Law consists of 5 Chapters that contain 26 articles. Chapter 1 lays down the general provisions. Chapter 2 lists the types of activity that are subject to obligatory licensing. Chapter 3 determines licensing for export and import of commodities (produce service). Chapter 4establishes the modalities of issuing licences. Chapter 5 establishes liability for the infringement of the legislation currently in force on licensing.

    Legislation
    May 1989

    The aim of the Act is to provide a uniform intestate succession Law applying throughout the country; to make adequate financial and other provisions for the surviving spouse, children, dependants and other relatives of an intestate; to provide for the administration of the estates of persons dying not having made a will; and to provide for matters connected with or incidental to the foregoing.