2014年-世界发展银行全球_Land_Governance_in_South_Sudan___Policies_for_Peace_and_Development_68页_1mb

Summary of "Land Governance in South Sudan: Policies for Peace and Development" (Report No. 86958-SS)

Core Content

This report examines the challenges and opportunities in land governance in South Sudan, a country emerging from a long civil war. It outlines the need for comprehensive legal and institutional reforms to ensure sustainable peace and development. The report emphasizes that poor land governance has been a key factor in the conflict and continues to hinder recovery. The Land Governance Assessment Framework (LGAF) is used to evaluate the current status of land governance and propose five priority areas for reform.

Main Views and Key Information

1. Land Governance Challenges

• Post-conflict tensions: Land disputes have increased due to a surge in demand for land in urban and peri-urban areas, as well as for large-scale agricultural and oil investments.
• Weak institutional capacity: The government has created new laws and institutions, but they remain underdeveloped due to lack of human and financial resources, poor coordination, and limited reach in rural areas.
• Informal land tenure: Less than 10% of rural communal land is documented, with the rest managed by traditional institutions that have been weakened by conflict.
• Urban informality: Over 50% of the urban population resides on unregistered land, leading to social tensions and instability.
• Large-scale land acquisitions: Foreign and domestic investors have claimed millions of hectares of land, but many of these claims lack transparency and public consultation, risking local dispossession.

2. Opportunities for Reform

• Fertile land and water resources: South Sudan has vast potential for agricultural development, which could be harnessed with improved land governance.
• Resilient traditional institutions: These institutions, though weakened, still play a key role in land administration and dispute resolution.
• NGOs and civil society engagement: International and local NGOs are actively involved in land governance, providing critical support in areas where formal institutions are lacking.
• Diaspora returnees with skills: A significant number of South Sudanese returnees have acquired skills that could help strengthen land administration.
• Funding availability: Oil revenues and development aid offer potential resources for improving land governance.
• International experience: South Sudan can learn from countries like Cambodia, Mozambique, Rwanda, and Liberia, which successfully addressed land governance challenges post-conflict.

3. Priority Policy Areas

• Completing basic land policy and legal reforms: Finalizing and implementing the 2013 draft National Land Policy, including the Community Land Act, Land Registration Act, and Town and Country Planning Act.
• Developing land dispute resolution systems: Strengthening both formal and customary courts, improving coordination, and integrating alternative dispute resolution mechanisms.
• Registering community lands: Formalizing land rights of communities to prevent land grabbing and ensure secure tenure.
• Building and cleaning up land registration systems: Establishing a national land registration system with transparency, accuracy, and quality control.
• Promoting responsible agro-investment: Creating a regulatory framework that ensures fair land use, environmental and social safeguards, and community benefits.

Implementation Recommendations

• Pilot projects: Initial efforts should focus on pilot projects to test and evaluate new land governance mechanisms.
• Capacity building: A comprehensive capacity-building program is essential, covering human resources, infrastructure, technology, and administrative coordination.
• Monitoring and evaluation: A robust monitoring and evaluation system should be established to track progress and correct errors in implementation.
• Guided by best practices: Implementation should be informed by both regional and global best practices in land governance.

Conclusion

South Sudan must address land governance issues to break the cycle of conflict and achieve post-conflict economic development. The report highlights the need for legal reforms, institutional strengthening, and the integration of traditional and formal systems to ensure equitable access to land and protect the rights of all groups, especially women and marginalized populations. The proposed policy actions, if implemented systematically, can lay the foundation for sustainable peace and shared prosperity.