1. 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 Ai 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 State
Feb 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

2. 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
H
on. 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.
I
n 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
F
rom 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

3. The Land Herald
September 9th - 15th, 2012
III
Land Matters
Over 50,000 people
trained on Land Acts
T
heir 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
F
or 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.
______________________________________________
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 conflicts
From 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

4. 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
W
hen 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
M
embers 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-aways
Mr. 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