Does the land belong to the communities? Critical land tenure issues in the postconflict constitution-making process in South Sudan

Land is a natural resource central to deepening the economic foundation of society. Its ownership and usage have been at the heart of conflicts in South Sudan among indigenous communities and foreign powers. In the South Sudanese legal framework, land is constitutionally recognised as belonging to the people, but its usage must be regulated by the government according to relevant laws. Despite this constitutional provision, there has been fierce contention over land ownership, with one side – primarily communities – arguing that it should belong to them, while the other side – mainly the government – arguing that it should be owned by the government on behalf of the people. There has been little analysis of the question of whether land should belong to communities or the government. This chapter addresses that question, as well as the further question of what the implications are of absolute ownership by either side. It analyses contestation over land ownership and other critical land tenure issues, and develops recommendations for consideration in the constitution-making process in South Sudan.