Sudan - Land Governance Country Profile

7. Summary of Challenges, Gaps, Conflicts and Duplications

• No central authority for land administration addition to weak institutions that deal enforcing land law in the states;

• National Land Commission or State Land Commissions in South Kordofan and Blue Nile are not operational. Each of which would be responsible for recommending land policy reforms and resolving historical claims over land. These reforms are specifically to include recognition of customary rights and customary land law.

• Vulnerability of small farmers and pastoralists to the risk of being ousted from communal land by wealthier investors;

• Lack of clear policies for environmentally sound land use;

• Failure to consistently enforce pastoral land use rights – a constant source of tensions;

• Failure to adequately consult with local communities in matters of land use;

• Limited policy/legislative framework to grant secure access and user rights to local communities;

• Traditional communities especially the pastoralist communities do not usually formally register individual land ownership.

• Customary law is not a panacea. In many instances, custom is iniquitous, especially with regards to the rights of women. Any return to customary law will require reform.

• The existing land laws are based on colonial land laws that decrees have undermined the land rights of rural communities, small farmers and pastoralists. The most notable was the Unregistered Land Act of 1970, now repealed, in which unregistered land was to go to the State and could not be acquired through long-standing use. These land grabs led to massive displacement

• Women land rights are not recognized under the law and practice. Though they can own land the right to use is reserved to the brothers and husbands;

• No land registers in rural areas and there is informal land tenure

• Informal land ownership in rural areas;

• Limited role of CSO in enforcing land rights.