1. CHALLENGES OF LAND GOVERNANCE IN THE MAKING OF A NEW NATION: EXPERIENCES FROM SOUTH SUDAN “2014 WORLD BANK CONFERENCE ON LAND AND POVERTY” Washington DC, March 24-27, 2014 Francesca Marzatico Independent Consultant, South Sudan

2. Objective Key Land Governance Challenges and how these have been addressed in the Draft National Land Policy Land Governance Partnership between the EU and the MLHPP Future of Land Governance in South Sudan

4. Facts & Figures about South Sudan 9 July 2011Independence 644,329 km 2 Surface 8,260,490 Population in 2008 10.26 Million Population in 2012 4.4 Million People at risk of food insecurity in 2013 51% People below poverty line 27%Adult literacy in 2010

5. Why is Land important in South Sudan?

6. Critical resource (oil and other natural resources, agriculture) Deep economic, socio-political and cultural dimensions Place of belonging for individuals and communities.

7. Status of Land Governance: Challenges Tenure System Legal Framework Institutional Framework Disputes resolution system Registration System

8. Status of Land Governance Tenure system Land can be classified as: Public Private Community Foreigners cannot own land in South Sudan Widespread tenure insecurity (multiple allocations, lack of land titles, corruption) Women do not have access to Land

9. Status of Land Governance Legal Framework CPA (2005) Land Act (2009) Local Government Act (2009) Investment Promotion Act (2009) Not implemented: no regulation adopted no awareness no institutional set up

10. Status of Land Governance Institutional Framework (CPA & Land Act) Principle of Decentralization States County Land Authorities Payam Councils Boma Lack clear definition of powers and responsibility at National Level Lack financial resources allocation (commitment?) Limited capacity and poor management of land administration officials

11. Status of Land Governance Disputes resolution system Statutory Law Customary Law Hybrid system with an unclear division of roles between customary and statutory authorities “Forum Shopping” (Deng 2013)

12. Status of Land Governance Land Registration System Land Act: Land Registry at National Level Ministry of Housing and Physical Planning and within the concerned ministries at state level (S. 54). Currently with Judiciary and only in urban areas Old and rudimental Inaccurate/Loss of documents and data Registration not yet extended in spite of few pilots

13. Land Policy Consultative process 2006 -2011 Security of tenure for all (including women!), with no discrimination Recognition of customary tenure (Community Land Act) Indications for a legislative reform Reorganization of functions of land administration & management System of land governance based on transparency accountability

14. Land Governance Partnership Objective: Strengthen the land governance system in South Sudan through enhancing transparency, accountability and professionalism of land authorities in accordance with the VGGT Ultimate goal: Reduce poverty, increase food security through strengthen protection of rights

15. Land Governance Partnership The EU supports the MLHPP to develop and strengthen land administration institutions at all levels of government Milestones G8 June 2013 Needs assessment/Identification of areas of technical assistance Definition of mutual obligations Next steps Formalization of the process Launching of the project

16. Conclusions Challenges related to the current situation Building institutions and structures to support and rule the country without leaving behind the people Support to Land Governance Development to build peace Government’s commitment + donors’ support

17. Questions ?

18. Thank you!