Article Index
Page 8 of 10
7. Summary of Challenges, Gaps, Conflicts and Duplications
- Despite the degree of legal recognition provided by the Land Act and Constitution, there is lack of clear implementing policies and regulations and judicial interpretation of provisions which has undermined the implementation of the Land Act and Constitution;
- There is a general lack of enforcement mechanisms at the community level (including awareness of the Constitution and the Land Act;
- People are not aware of their rights, courts do not apply the Land Act, community lands are not being registered and changes that the Land Act calls for in the roles and responsibilities of institutions are not being adhered to;
- There is limited capacity of the land administration due to political instability;
- Little is known about the status of the geodetic network.
- Land register information is transcribed mainly in Arabic. Records are not available for public consultation.
- There is absence of legal framework and transparent procedures: For a number of land administrationtasks, a legal framework, regulations and norms still need to be developed. These include theidentification of town boundaries, procedures for acquisition of land, plot allocation, compensation,land taxes, dealing with property claims. Existing procedures are a mixture of practice andprecedent, which reflect what is generally understood to be „how things are done‟, rather than beingbased systematically on statutory regulations or responding to all the needs of Southern Sudan.
- Requirements and procedures to be followed are little known. There isevidence that any paper, form or sketch map is used by some to establish unrightfully a claim overland. There is also a lack of clarity on the future of property that is registered in the name of peoplewho fled Southern Sudan.