Land Tenure in South Sudan: Does it Promote Climate Change Resilience?
Organization: The Sudd Institute
Type: Policy Briefs
Land tenure systems have implications for food security, access to water, natural resources, pastures and settlement during droughts and flood disasters. Although the South Sudanese Land Act 2009 recognizes both formal and customary land tenure systems, little is known in practice about the extent to which these systems promote climate change resilience in the country. Drawing upon prior work and primary data, we found the following:
- The 2009 Land Act has clauses intended to promote climate resilience. For example, customary land tenure permits communal land rights, customary seasonal access rights and access through social relationships, which allow climate change resilience. In addition, the Act enhances land tenure security through survey, demarcation, and registration. However, these articles have barely been implemented. Only about one-quarter of the urban areas has been surveyed and registered. In addition, these resilience features are undermined by decreases in social capital linked to large-scale rural-urban migration, abject poverty, and communal conflicts that erode inter-communal relationships that serve to accommodate displaced persons during disasters.
- Statutory and customary land laws grant women rights to use, control, own, rent, lease and sell, inherit from husbands, and protection (see table 3). However, these legal arrangements limit women to share with the husbands after divorce and to inherit land from paternal family.
- Climate displaced persons are treated differently from conflict-displaced persons because climate-induced shocks such as floods are viewed as temporary disasters and the victims often return to their land a few weeks or months after the disaster. However, while climate-induced displacements are temporary, they have become more frequent, happening almost every year since 2007 (see table 2).
The government ought to fully strengthen and implement land tenure laws to ensure (1) land is fully surveyed and registered, (2) communal reciprocal system is enhanced through dialogues, (3) boundaries are properly demarcated, and (4) land management measures are fully deployed, both at the rural and urban levels, to enhance resilience to climate extremes.
Nyathon James Hoth Mai is a visiting fellow at the Sudd Institute. She has a BSc in Geology from the University of Ballarat, Victoria, Australia, and an MSc in Global Energy and Climate Policy from the School of Oriental and African Studies (SOAS), University of London. She is also an independent Researcher and policy analyst. Her research interest areas include: Geology, climate change and energy policy, and issues affecting South Sudanese women. In addition, Nyathon was the Co-founder and Managing Director of My Referendum for Freedom (MRF) that actively engaged the South Sudanese youth from all over South Sudan and diaspora as a vehicle for civic education to the rest of the populace during the South Sudan Referendum. She also devoted much of her time to South Sudan community development in Australia.
Nhial Tiitmamer is Programme Manager for environmental, energy and natural resources research and as well the Institute’s Focal Point on Building Resilience and Adaptation to Climate Extremes and Disasters (BRACED), a climate change resilience programme being implemented in South Sudan by a consortium composed of The Sudd Institute and five international organizations. Nhial holds a Bachelor’s Degree and a Master of Science in Environmental Studies and Sustainable Energy from the Universities of Alberta and Calgary in Canada where he spent stints as an environmental consultant and research associate in environmental studies. Nhial is the co-founder of the NewSudanVision.com and has extensively commented and written on issues about South Sudan.
Augustino Ting Mayai is the Director of Research at the Sudd Institute and an Assistant Professor at the University of Juba’s School of Public Service. He holds a PhD in Sociology, with concentrations on demography and development from the University of Wisconsin-Madison. He currently studies how state effectiveness affects child health outcomes in South Sudan and Ethiopia. Dr. Mayai has written extensively on South Sudan’s current affairs.