2014年-世界发展银行全球_South_Sudan_Country_Report___Findings_of_the_Land_Governance_Assessment_Framework_124页_1mb

South Sudan Country Report: Land Governance Assessment Framework (LGAF) Summary

Core Content

This report, conducted by the South Sudan Law Society (SSLS) with support from the World Bank, assesses the state of land governance in South Sudan using the Land Governance Assessment Framework (LGAF). The study covers seven thematic areas, including legal and institutional frameworks, land use planning, public land management, land information systems, dispute resolution, large-scale land acquisitions, and forestry. The findings are based on nine panel discussions with local experts and are presented through 28 indicators and 108 dimensions.

Main Findings and Key Issues

1. Legal and Institutional Framework (LGI-1 to LGI-6)

• South Sudan's legal and institutional framework for land governance is underdeveloped, reflecting the challenges of post-conflict state-building.
• The 2009 Land Act and Local Government Act were significant reforms, but they remain largely unimplemented.
• Legal procedures are based on colonial-era models, creating a gap between law and practice.
• Poor coordination among government institutions at all levels undermines institutional effectiveness.
• Women's access to land is severely restricted in both formal and informal systems.
• The formal Judiciary is not well-established, and customary systems are not sufficiently protected in practice.

2. Land Use Planning, Land Management and Taxation (LGI-7 to LGI-11)

• Land use planning and management systems are underdeveloped or non-existent in most of South Sudan.
• Urban land use plans are not publicly available and are developed independently by different institutions.
• Political changes have led to the replacement of land use plans, creating uncertainty.
• Land-related tax systems are not yet established, partly due to reliance on oil revenue.
• A property tax system based on land value could help diversify revenue sources and reduce oil dependency.
• Devolving tax administration to lower levels of government may improve the link between tax revenue and public services.

3. Management of Public Land (LGI-12 to LGI-15)

• Land expropriation is used for public and private investment, housing, urban expansion, and development.
• Expropriation in urban areas often involves evictions and demolitions with little notice or compensation.
• Communities without legal documentation are frequently excluded from compensation.
• Corruption and lack of transparency in expropriation processes undermine public trust.
• The issue is not adequately monitored by the government or international organizations.

4. Public Provision of Land Information (LGI-16 to LGI-19)

• Land administration systems face significant challenges, including outdated procedures and poor information management.
• Land registries lack transparency and are not accessible to the public without intermediaries.
• Only basic information is recorded in the registry, and encumbrances are not documented.
• The 2009 Land Act attempted to move the registry from the Judiciary to the Ministry of Lands, but implementation has been delayed.
• There is a need for a national land register and modernized information management systems.

5. Dispute Resolution and Conflict Management (LGI-20 to LGI-21)

• Land disputes make up a large proportion of civil cases in the formal system.
• Disputes often involve land grabbing, ownership conflicts, and issues related to IDPs and returnees.
• Courts are slow and often fail to enforce decisions, especially against powerful individuals.
• Customary courts are prevalent in rural areas but lack protections for women and children.
• Forum shopping is common, leading to inefficiencies and a lack of confidence in the justice system.

6. Large-scale Acquisition of Land Rights (LSLA)

• Large-scale land acquisitions have increased since 2005, driven by private investment and economic diversification.
• The process lacks clarity and transparency, and affected communities are rarely consulted.
• Information asymmetry exists between communities and government institutions, particularly in carbon credit and biofuel projects.
• Disputes have already emerged, with communities challenging acquisitions made without their consent.
• There is a need for clearer procedures and greater community involvement in land acquisition processes.

7. Forestry (FGI-1 to FGI-6)

• Some progress has been made in the forestry sector, including treaty ratifications and policy development.
• Customary rights to forests are recognized in law but not well-protected in practice.
• Forestry institutions lack resources and are unable to effectively manage remote areas.
• Threats to forests include charcoal production, fires, and environmental degradation.
• Illegal logging and poaching persist, and the justice system is ineffective in addressing these issues.
• There is a need for more robust legal and institutional frameworks to support sustainable forest management.

Policy Recommendations

1. Clarify Principles Governing Community Landownership

   • Define community landownership more clearly in law.
   • Establish a process to determine legitimate landholders and set boundaries for community claims.
   • Develop systems to survey, demarcate, and register community land rights.
   • Incorporate conflict management mechanisms during the formalization process.
   • Protect the rights of marginalized groups, including women, children, IDPs, and minorities.

2. Pilot Initiatives to Develop Land Administration Systems

   • Modernize land registration processes and improve transparency and sustainability.
   • Establish land use planning systems at the national and local levels.
   • Clarify expropriation procedures and ensure accountability.
   • Engage civil society to monitor and report on demolitions and forced evictions.
   • Start pilot projects in selected areas to test and upscale land administration reforms.

3. Conduct Further Research on Priority Issues and Refine LGAF Findings

   • Gather regional data from areas like Greater Upper Nile and Greater Bahr-el-Ghazal.
   • Study land issues in development zones such as oil pipeline corridors.
   • Assess LGAF indicators in border areas to monitor cross-border land use and demarcation.
   • Conduct comparative research on land governance in constitutional and legislative frameworks.
   • Investigate the role of traditional authorities and typologies of land-related conflicts.
   • Refine LGAF findings to support policy monitoring and impact assessment.

Conclusion

The LGAF assessment highlights the need for significant reforms in South Sudan's land governance system. Strengthening legal and institutional frameworks, improving transparency, and enhancing community participation are essential for creating a more functional and equitable system. The report provides a foundation for future policy development and monitoring efforts.