1. Addressing land Issues in a Post Conflict Situation:
World Bank Conference , February 2008 Challenges for Land Policy and Administration
Addressing land Issues in a Post Conflict Situation:
The Sudan Experience
Paul V. De Wit

2. Access to land and natural resources: A major source of conflict
Competition for access to land and natural resources in an agrarian environment;
A hostile ecologic environment and an imperative for mobility;
Multi-cultural society; strong horizontal social organisation: dynamic alliances; ethnic fault lines
A series of conflict catalysts: drought, population growth, land management policies

3. Post conflict environment
Displacement, return, resettlement, slums, evictions; realities/myths
Decision making in absence of legitimate rights holders and land grabbing;
Chaotic policy-legal-institutional environment;
Military, war veterans, new elites, foreign investment;
Land administrations in shambles.

4. Mechanisms to initiate land policy reform
Peace Agreements
Comprehensive Peace Agreement; Naivasha
Darfur Peace Agreement
Eastern Sudan Peace Agreement
Interim Constitutions
Land Commissions
National LC
Southern Sudan LC
Darfur LC
State LCs

5. Progress made on Policy Development
No NLC established;
An embryonic SSLC;
No State LCs;
An invisible Darfur LC.
Draft legislation on
The National Land Commission 2006
In accordance with the provisions of the Sudan National Interim Constitution 2005, the national Assembly has passed and the President of the Republic has signed the following Act:
THE NATIONAL LAND COMMISSION
BILL 2007
Be it hereby enacted by the National Assembly, in accordance with the Interim National Constitution of the Republic of the Sudan 2005, and signed by the President of the Republic, the following Act:

6. FAO Sudan Land Programme
Land assessments;
Support to establishment of NLC;
Support to functioning SSLC;
Land Policy Discussion in Darfur;
Information dissemination and dialogue;
Ascertainment of customary law;
Support to land administrations;
Community land management piloting;
Conflict management – bringing people together

7. Lessons learned on the process
Isolated processes without synergies; but concurrent powers
Building policy reform process into the peace agreement and constitutions; how much? Monitoring?
Situational analysis, awareness raising and information dissemination; induce versus coerce change;
Competing institutional responsibilities and blurred policy directions;
Donor engagement, coordination and funding priorities;
Civil society participation;
Acknowledgement of the multi dimensional character of land: economic, social, humanitarian, political.

8. A framework for addressing post conflict land issues  

9. The present Humanitarian /emergency action in a development context
Early assessments;
Broad dissemination of assessment information;
Support to emerging land administrations;
Awareness and information on land rights for IDP and refugees;
Legal aid and legal counseling;
Transparent and coherent measures for securing access for displaced, returnees and hosts;
Creating new residential plots; urban planning;
Direct support to women;
Laying a basis for policy and institutional development.

10. The Past Addressing land claims: policy, legislation;
Restitution, compensation, creating new opportunities; status quo or reform?
Making functional land administrations and other supporting institutions (valuation, judiciary).

11. The Future

12. Elements of Land Policy Contents
Balancing social and economic (investment) challenges: land belongs to the people/communities?
Legalizing customary land rights; complex, diverse, options
Land and natural resources under a common tenure regime: need for access to territories ; a series of challenges;
Rights of women under customary and statutory law;
Alternative conflict management;
Use of customary law: where, how?

13. Concluding remarks
Land, as a major cause of conflict, is not adequately addressed;
Dealing with land under an emergency context is difficult but required;
All action needs to be framed in a longer term vision; a package of action is required;
Developing a vision is problematic and chaotic;
What next??