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.

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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 ?

Thank you!