Strengthening community land rights in the plural tenure system of South Sudan
Mennen, Tiernan
Understanding the dynamics of customary ownership and control of land is essential to strengthening tenure and access to land in pluralistic states. Customary traditions of land tenure emphasize moderate use, restoration, and community health and prosperity, but are vulnerable to elite capture. As in other conflict--‐affected countries land has defined the history of South Sudan --‐ it was at the heart of the war, as people sought to secure their lands and natural resources from appropriation and alienation.1 Now as South Sudan strives for stability and development land is both a keystone to livelihoods and economic growth and a tinderbox for future conflagration. Despite its importance little has been written on customary land law in South Sudan and its contemporary status vis--‐;--‐vis developing formal land tenure systems. This study presents an initial foray and examines more general barriers to access to land in plural tenure systems, through a South Sudan lens. The study demonstrates that displaced women, returnees and other vulnerable populations are consistently subjected to corrupt practices and are unaware of their rights both within and beyond the customary systems. Most often it is the grey area between customary and statutory, or the transition from one to the other that is used to take land from the vulnerable.
Event: Annual World Bank Conference on Land and Poverty 2013
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