Interview

a n e w s l e t t e r o f n o r w e g I a n P e o P l e ’ s a I d V o l . 1 / 2 0 1 2

Land: Our Life, Our Heritage

By: NPA Consultant

Even when the Land Act (2009) clearly stip-ulates in Cap 2 (7) that “All land in South Sudan is owned by the people of South

Sudan…”, some people I spoke to in Magwi and Torit Counties seem to still be discontented. They ask, “Who are these people referred to?” The Land Act classifies land ownership into three (3) categories; Communal land, Public land and Private land and all the people fall under at least one of the three (3) categories.

During my recent discussion with the Chair-person of the South Sudan Land Commission, Hon. Robert Lado Lwoki, it emerged that the question of land belonging to the people of South Sudan is indisput-able, and “land that belongs to the community is owned collectively in perpetuity”. However, he added that the classification of land is intended to ensure that the interests of all the people of South Sudan are ad-equately and equitably catered for. Hon. Lwoki underlines that the people of South Sudan are not homogeneous, and so diverse are the communities themselves. For exam-ple; while one community may for example value a school, another may value a market; one may prioritize grazing land, another may want agricultural land or a hospital; and on the extremes, some individuals may even decide to use their land to grow opium or narcotics! Other people even see no need to reserve chunks of land for wildlife or wetlands or for-ests-not even road reserves! Yet in one way or another, each of these components contributes to the well being or lack of it for all the people. It is at this point that the law enlists the role of government to manage public land and regu-late all land usage in the interest of the com-mon good for all the people of South Sudan.

The Chairperson further observes that the government’s custodial and regulatory roles do not amount to ownership, because what-ever government does, it does so in trust of the people of South Sudan, who mandated its very existence.

Who owns the land in South Sudan?

With the Chair, South Sudan Land CommiSSion

Hon. Robert Lado Lwoki

“land that belongs to the community is owned collectively in perpetuity”.

UNity StAteFeb 16th deadline passes unnoticed

Many people in Unity State according to a report by the Unity Civil Society Land Alliance, say they only got to know about this deadline long after it had passed.

The people are asking; so, what next?- Related story on next page

the sovereignty of land in South Sudan

July 26, 2012

September 9th - 15th, 2012

The Land HeraldII

land Matters

no extension of reclamation deadline

Residents worried over land conflicts

Feb 16th deadLine paSSeS unnotiCed

Hon. Robert Lado Lwoki says that Government was graceful enough to provide such a

lengthy period of limitation that not many countries would offer. He says that in fact according to the British law, the period of limitation is 12 years; yet count-ing back from 16th May 1983 to 16th Feb 2012 comes close to 29 years! He adds that the dead-line was not meant for taking over land, but rather for people to have lodged a claim with the

authorities.The people I spoke to earlier

in Eastern Equatoria State said that they knew nothing about the deadline as government did not sensitize them. To this, the Chairperson says, “Ignorance of the law is no defense”. He adds that “Nobody can grab com-munity land because it’s held in perpetuity”, but all other land that was not reclaimed by the set deadline, shall be considered public land and will therefore, be managed by government as by law provided.

He discouraged members of the communities against selling land, saying that some Chiefs had been caught in the habit, which denies the people their

constitutional right. Meanwhile, the Chairperson

regretted the fact that some sen-ior people including government ministers could not distinguish between the Land Act and Land Policy, and have therefore been culprits in misleading the popu-lation. On the same note, Hon. Lwoka blamed some of the trou-bles over land on government’s

delay in passing the Land Policy. Consultations and drafting of the policy have taken over two and a half years, but it remains in government shelves unattended. The land policy is supposed to prescribe guidelines on land uti-lization, taking into account the peculiarities of the various com-munities, as well as mechanisms for land dispute resolution.

according to the Chairperson of the Land Commission, Government will not revise the February 16th 2012 deadline for reclamation of lost rights to land.

In another development, the Chairperson expressed sad-ness that some NGOs have used the catchword of “sup-

porting the land policy formula-tion” to secure so much in donor funds, yet so little is channeled to benefit the Commission, the mother of the land policy. He observed that the Commission needs to undertake study visits to countries where the land regime has been successful as this would help them learn positive lessons to adopt back home, but it lacks funds. He cited countries like the Netherlands, Norway, South Af-rica and Gabon as the good role models on land policy. Hon. Lwoki particularly commended the Nor-wegian People’s Aid (NPA) for its work in sensitizing the com-munities on the Land Act, and the support offered towards the Commission’s staffing. He gladly welcomed the idea of the News-letter saying it will help sensitize the people.

shareholding

Commission calls for support

Communities have the right to be heard in decision making related to land (Land Act, Chapter 9)

Community members in Torit pose for a photo after discussing the Land Act. Photo courtesy of: Eastern Equatoria Land Alliance

By: NPA Consultant

From Ikotos to Magwi; Budi to Ikotos to Kapo-eta; Peri corridor versus Lopa/Lafon corridor;

the Obbo community versus Pajok, all these are signs of a people at loggerheads. Com-munity members in the Eastern Equatoria, fear that these bor-der conflicts could erupt into civil strife if not addressed.

The above revelations suf-ficed during a recent meeting with community members at Ilangi Boma in Torit. One mem-ber said, “There were no border conflicts before the war. People

knew their boundaries”. “How-ever, when the war ended, some people took advantage of the situation at the time to de-stroy boundary marks and grab others’ land,” he added.

The people passionately nar-rated their problems. I could read a sense of despair on their faces. Besides border disputes, they say that the deadline (Feb 16th 2012) set by government to reclaim rights to land lost as a result of the war that started in 1983, was a hashed up ar-rangement that caught many unawares. The people are liv-ing under fear of being evicted

from the land they call home, the land where they earn their livelihood.

The Norwegian People’s Aid (NPA) early this year sensitized the communities about the pro-visions of the Land Act, but not everybody could be reached. One gentleman, who missed the sensitization seminars, was at least able to read about the Land Act on the NPA calendars widely distributed in various strategic locations. “I saw pic-tures of land on the calendar, animals grazing, people dig-ging. My understanding is that land belongs to the community

Continued next page

The Land HeraldSeptember 9th - 15th, 2012

III

land Matters

over 50,000 people trained on land acts

Their defense tool is the Land Act (2009), and their armory the In-terim Constitution that defines the people of South Sudan. Ac-

cording to statistics from available Land Alliance reports, at least 50,000 South Sudanese have been trained and oriented on the components of the Land Act. The trainings were sponsored courtesy of the Norwegian People’s Aid (NPA), and took place in the 10 States of Central Equato-ria, Eastern Equatoria, Western Equatoria, Jonglei, Unity, Upper Nile, Western Bahr el Ghazal, Northern Bahr el Ghazal, Lake

State and Warrap. They were attended by an estimated 15,000 women. The Land Act provides that “Every person shall have the

For a country so richly endowed in land to have a population worried about land ownership, would be a very big shame. It can only be as-sumed that what the people are saying on the ground is half-truth, but in case that’s the reality, then government needs to wake up early

enough and save its people from imminent misery especially at a time when the joy of Independence is still being celebrated.

The importance of land to a new nation cannot be overstated –it’s about the most important factor of production, the true origin of life itself. As such, the question of right to land is so close to many people’s hearts and must therefore be adequately and satisfactorily addressed.

Government of South Sudan must be credited for the efforts so far reflected in the Land Act (2009). However, all the rosy provisions will come to nothing if no effort is made to implement them. Education of the masses on the Land Act will empower them to demand their rights and defend the sovereignty of their country, and this ought to be given due priority.

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The publishers of the Land Herald welcome any feedback from our esteemed readers. Please write to us on the following E-mail address:

editor, the Land Herald, Jamus Joseph, jamusj@npaid.org

editorial

Members of the Delegation from South Sudan pose for a group photo with staff of the Uganda Land Alliance after an experience exposure meeting with them.

Participants pose for a group photo after the training in Barmayen Payam – Aweil Center. Photo courtesy of: Aweil Civil Society Land Alliance

Ilangi Boma Chief John Juma Primo (Right, in checked shirt) stresses a point during a recent meeting in Torit to discuss the Land Act. The meeting was attended by at least 15 participants including two women as others were said to be busy in the gardens.Photo courtesy of: Eastern Equatoria Land Alliance

and that they own the land where the people are digging and grazing their animals”, he said.

A lot of sensitization is still needed to reach the most ordinary person at the grassroots, and this demand was clearly visible in the communities’ recommendations captured in the Land Alliance re-ports.

The Land Act clearly states who owns the land in South Sudan, but the people feel it’s just not enough to mention in the books of law that land belongs to the people- the people want to feel a sense of own-ership tangibly. To demonstrate the aura of uncertainty about the law, the Paramount Chief of Magwi County says, “I don’t know who the people of South Sudan mentioned in the Act are. Is it the community or including the government?”

Indeed according to Chief John Juma Primo, some com-munity members have had their land high handedly taken over by ‘government’ while others have had their plots re-al-located to moneyed individuals in total disregard of the original own-ers’ interests.

Information gathered from the community indicates that when Torit was designated a capital, resi-dents had to be relocated to give way for business developments and establishment of social serv-ices. The residents were report-edly allocated new plots at Ilangi Boma and each was supposed to pay 165SSP. This price they say has since been raised upwards to over

2700SSP, which is way beyond what the ordinary people can af-ford.

As a way forward, the residents advise that civil society should en-gage the elders and the chiefs be-cause they better understand their land issues and are therefore able to create the much needed peace among the people. Besides, they request Government to revise the Feb 16th deadline to enable rights holders formally reclaim their land without recourse to conflict.

A national umbrella bringing together all the 10 States of South Sudan could be

launched before the close of 2012 if everything happens as planned. Currently each State already has a land alliance, but according to the Norwegian People’s Aid (NPA), the need to harmonize their activities and form a strong national voice for the land rights of the people of South Sudan is deemed vital for a developing nation. NPA sup-ported the formation of State land alliances and continues to work closely with the Land Commission to ensure that land rights are not only understood down to the grassroots, but are upheld as provided for in the South Sudan land Act (2009) and in other related national,

regional and international legal instruments.

A delegation comprised of representatives from various CSOs and the South Sudan Land Commission recently concluded a visit to Rwanda and Uganda to study the operations of their already existing land alliances and government land institu-tional structures. The delegation returned with beaming enthusi-asm to establish an alliance back home, and a long term ambition to lead the forefront for an East Africa land alliance in the future.

Mr. Butrus Apollo from the South Sudan Land Commission was part of the delegation that visited Rwanda and Uganda, and this is what he had to say; “It was an honor, to be part of the study team in June 2012. The trip af-forded me a unique opportunity

to see the progress made by our neighbors, in terms of building institutions and legal framework. For instance, Uganda was able to build its land institution from top to bottom, for the smooth and easy work, not only that but all the various levels of government work very closely. Also, most of Uganda’s legal framework and institutions are in place, unlike South Sudan where institutions are either nonexistent or weak, making it difficult to render serv-ices to the public at the moment. South Sudan could learn or bor-row some ideas from Uganda to strengthen its system and insti-tutions.”

A high level forum is planned for mid-September 2012 and is expected to lay the foundation for the formation of the national land alliance.

Residents worried over land conflictsFrom previous page The question of land belonging

to the people of South Sudan is indisputable, and “land that belongs to the community is owned collectively in perpetuity”-Hon. Robert Lado Lwoki, Chairperson South Sudan Land Commission

National Land Alliance in the offing

the Formation oF State Land aLLianCeS

“Women and girls must have rights to land even to have a share in the wealth of their fathers,” says Chief Ngong Deng Ngong during the training in Yargot Payam.

Continued on page IV

July 26, 2012

September 9th - 15th, 2012

The Land HeraldIV

Over 50,000 people trained on Land Acts

the sovereignty of land in South Sudan

Government cautioned on investment

right to acquire or to own property as regulated by law and as stipulated in the Constitution.”

Among other topics handled during the train-ings included; equality of both men and women over land, the need for documentation of all land transactions, land dispute resolution, the role of the Land Commission and other land administra-tion structures at State, County and Payam levels.

In their response, majority of the people sub-mitted the need for government and investors to consult the communities before taking over their land. They observed that while investment on land is a good thing that helps to develop the commu-nities, there’s need for community members to participate in bargaining over the land deals and to understand the benefits. Others whose land was surveyed during road construction works, wondered why to date they have not been com-pensated. The people are concerned about a pos-sibility of their land being taken away in the name of investment. The Constitution provides leases of up to 99 years and some people feel this is way too long a time as many of those living today may never have a chance to witness the renewal of such lengthy leases, let alone partaking of the benefits from their land.

The Government of South Sudan has made quite some strides amidst the challenges of a na-tion emerging from 24 years of civil strife, and has put in place an Interim Constitution and a Land Act to guide the country as it embarks on the long road to development. However, with most of the

population being rural based, majority of the peo-ple are unable to read, let alone understanding the legislations that have been instituted to gov-ern them. They wish the laws could be translated into their local languages, and also to cater for the needs of people with disabilities.

By: NPA Consultant

When millions of South Sudanese rose up to jubilate at the dawn of Independence on

July 9th 2011, one thing that must have been running in their minds should have been; that finally we’ve secured our land. The ecstasy they exhibited is not different from what Ugandans felt in 1962 or Kenyans in 1963 or Tanzanians in 1961 or even Rwandese in 1962– to say the least, independence is a mark of sover-eignty over the land of South Sudan. Noteworthy, many of those that sacrificed their lives to redeem this land, did not live to enjoy its fruits. What this means, is that our broth-ers and sisters shed their blood to ensure that those living today and indeed all future generations should comfortably have a place to call

home, to earn a livelihood, and im-portantly, heritage.

Now that South Sudan has se-cured peace, Independence and

the acclaim of being the world’s youngest nation, the detractors are watching and everyone would want to have a piece of this ’virgin’ of a

lady called land. Virgin indeed, be-cause an aerial view, indicates that vast parts of the country are neither inhabited nor cultivated. Question then arises; Is this free land or does it actually belong to a community waiting for an opportune moment to have it developed? The Land Act (2009), in addition to emphasizing that all land belongs to the people of South Sudan, adds in Chapter 9, that any other interests in the land must be realized in consultation with the community-herein lies the sover-eignty, the power of ownership.

It is very critical therefore, that as the Government of South Sudan embarks on the constitution making process, it should address the ques-tion of land being the root source of all life for the people of South Sudan, and therefore accord them significant recognition.

extracts from the Baseline survey-the New Frontier

Members of civil society represented through State land alliances have called on govern-

ment to institute and implement minimum standards to guide in-vestment in South Sudan. Among other recommendations contained in a recent baseline survey on large scale land-based investment in South Sudan includes; role clar-ity for public institutions at all levels including balance between central oversight and state-level flexibility;

a role for the legislative branch in approving large-scale land alloca-tions; a temporary moratorium on all land acquisitions above a certain size in order to allow time for the appropriate procedures to be put in place; and establishment of a tech-nical committee to review all exist-ing contracts to ensure compliance with relevant provisions of the law, notably the 2009 Land Act, the 2009 Local Government Act, and the 2009 Investment Promotion Act.

Others recommendations include; adoption of a presumption in favor of disclosure for all documents as-sociated with large-scale land-based investments; promotion of alterna-

tive business models that better account for the needs of local popu-lations, such as giving communities an equity stake in the venture or maximizing the links between com-panies and smallholder producers living on or around the project area.

The research survey on large-scale land-based investment in South Sudan conducted by Gadet-Pentagon and the South Sudan Law Society, in-dicates that over 2.6Million hectares of land has been or is about to be given away to investors. Interna-tional investment analysts say that while investment is undoubtedly good for the development of South Sudan, this enormous scale stands

to deny millions of land users access to vital natural resources, undermine food security, and exacerbate tenure insecurity. It’s for these very reasons that there cannot be two ways about instituting stern control measures if only to protect the basic land rights of South Sudanese. Behind the in-vestment craze analysts fear, lies the global industrial food and energy complex depriving rural populations of their land in order to provide cheap food and energy for the devel-oped world (Ref. Global Land Project Report 2010). At this, it is not far-fetched to sense hi-tech neo-colonial tendencies in such investments that must be urgently addressed.

A training session in Eastern Equatoria

Women in Abiemnom community express their optimism about the future

Continued from page III

northern bahr el Ghazal State- No compensation received, the people are worried

Residents of Aweil affected by road construction works claim they have not been compensated after losing their lands. They are also requesting that government institutions participate in sensi-tization seminars to answer the people’s concerns first hand.

Central equatoria State- Commissioner Nyota castigates selfish politicians

Says politicians are ignoring the law for selfish interests. For example, there’s no clarity on the size of land to be leased by the different levels of government and their relevant mandates to avoid abuse. Urges CSOs to con-tinue lobbying for the voiceless citizens; and the involvement of community members, and tradi-tional authorities in land matters.

In Brief

Warrap State: Agric. Minister shocked by land give-awaysMr. Kuot Mawien wonders how land equivalent to the size of Rwanda could be given to investors. South Su-danese fought for this land and there-fore, it should be guarded jealously-he warns.

Read more on Global Land Grabbing….“...These land acquisitions have the potential to inject much needed in-vestment into agriculture and rural areas in poor developing countries, but they also raise concerns about the impacts on poor local people, who risk losing access to and control over land on which they depend. It is crucial to ensure that these land deals, and the environment within which they take place, are designed in ways that will reduce the threats and facilitate the opportunities for all parties involved.Joachim von Braun and Ruth Meinzen-Dick– IFPRI

Quotations“The best investment on earth is earth.”- Louis Glickman

“The small landholders are the most precious part of a state.”- Thomas Jefferson

“My own recipe for world peace is a bit of land for everyone.”- Gladys Taber

If a man owns land, the land owns him- Ralph Waldo Emerson (1803-1882)

Food for thought

Contact us:The Norwegian People’s Aid Off Airport Road, Hai Jalaba, Juba South Sudan