South Sudan - Land Governance Country Profile

4. Land Administration and Institutions

4.1 Ministry of Housing, Physical Planning and Environment

This is the lead agency of the Government of Southern Sudan charged with planning and development of the programmes in the infrastructure sector as well as the mobilization of resources and designing of program implementation and supervision. Its functions include formulation of policy, standards and regulations on urban planning and urban land management, surveying and mapping of Southern Sudan and safe keeping of maps and documents and establishing and oversee the operation of urban land titling and registration.

The following institutions are to be established under the Ministry:

• A National Land Registry and Decentralized Registries;

• A national land registry to conduct registration activities at the national level;

There shall be established at the County Level a body to be known as “the County Land Authority” that shall consist of such persons appointed by the

Governor in accordance with provisions of section 45 below and the recommendation of the Concerned County Commissioner in the State as the case may be.

• Registration offices at each level of land administration in Southern Sudan.

4.2 South Sudan Land Commission

The South Sudan Land Commission came into being following the Presidential Decree No.52/2006. The basis for its establishment is enshrined in the CPA signed between the Government of Sudan and the Sudan People‟s Liberation Movement. The legal framework that provided for its establishment is outlined in the Interim Constitution of Southern Sudan 2005. The SSLC became a legal entity as from June 27th 2006, with autonomous powers and a clearly defined mandate. Thus, it was set-up as an independent body, with a broad mandate that covers three main areas namely arbitration of land claims and assessment of appropriate compensation where applicable, coordination of GOSS land policies and undertaking studies on land use practices in areas where natural resource exploitation is taking place. Article 188 of NIC establishes a Southern Sudan Land Commission whose functions include carrying out certain functions of the National Land Commission including collection of data and research.

It is prescribed in the Interim Constitution that the SSLC should be representative of all levels of government in South Sudan.

The above Land Commissions is not yet operational and moreover the rights of representation of pastoralists and farmers in the Land Commissions are not reflected in the Interim Constitution.

4.3 Other Institutions

• South Sudan Land Alliance (SSLA): SSLA works to enhance access and ownership of land for all people of South Sudan, particularly the marginalized men, women, and children by advocating to influence land policy and legal frameworks. SSLA envisions that South Sudan will be a state where citizens and non-citizens have equal rights to access, own and use land and natural resources for ensuring lasting food and livelihood securities as well as sustainable development under secured land tenure systems.

• The Payam Land Council: Responsible for the management and administration of land in the different Bomas composing the Payam.