Policy and Legal Frameworks for Sustainable Management of Communally Used Natural Resources in Post-war Southern Sudan

Abstract

"Land is indisputably an important resource in post-war Southern Sudan. Ownership and rights to use land affect the sustainability of subsistence agriculture and natural resources which are intricately linked to land. Policy and legal frameworks that internalize the benefits and costs of sustainable management of land and embedded resources in rural communities are necessary for community-based biodiversity conservation. This recognition is evident in the Interim Constitution of Southern Sudan that came into effect in 2005. However, the ongoing application of the customary law in the judiciary system of Southern Sudan hinders sustainable management of land resources in the face of social engineering that occurred during the 21-year old war. This is exacerbated by the misunderstanding of the constitutional directive which states that every citizen shall have the right to freedom of movement and the liberty to choose their residence in Southern Sudan. Freedom of residence has caused conflicts over natural resources primarily between sedentary cultivators and livestock herders. More conflicts are expected to arise in rural areas where internally displaced persons with locally incompatible livelihood strategies are unwilling to return back to their areas of origin. These, combined with the land grapping activities of armed ex-combatants and financially and politically powerful individuals disenfranchise rural communities and hinder the sustainable management of common pool resources. Consequently, we recommend a broad-based land reform program for Southern Sudan that is sensitive to rural people's livelihood needs. The land reform program should convert the current customary land use rights to statutory land ownership and use rights for rural communities. Ownership and rights to use land must carry sufficient incentives to facilitate sustainable management and use of land resources. This is because ownership of natural resources has the ability to influence human behaviour in an environmentally positive manner."