Country Profile: Sudan

OVERVIEW

Sudan has the largest land mass of any African country, encompassing highly diverse ecologies, highly-differentiated agricultural production patterns, and major sources of fresh water in the expanse of the Sudd wetlands and Nile rivers, as well as forest land, and mineral reserves (principally petroleum). The country’s 40 million people include diverse groups with contrasting, and often conflicting, cultures, religions, and means of producing livelihoods.

Violent conflict over resources, revenues, and aspirations have defined Sudan’s history. The signing of the Comprehensive Peace Agreement (CPA) in 2005, however, enabled a semi-autonomous Government of Southern Sudan (GOSS) to come into being within the larger Government of National Unity (GNU) even as conflict over access to resources and political control continued among populations in the Darfur region in the west, and in oil-producing areas straddling the country’s northern and southern regions.

As part of the peace process, the GNU and GOSS recognized the need for development of land policy, legislation, functioning institutions, and supporting services. Rights of access to agricultural land for cultivation of crops and livestock- production, water for irrigation, forest products, and petroleum reserves for export revenues continue to be contested at national, regional, and local levels. As the “interim period” specified in the CPA enters its final phase, institutions and mechanisms of governance have begun to be developed and reshaped to address pressure points and fill vacuums created by conflict, uneven development, and lack of transparency and accountability in resource governance. However, while some progress is being made, issues of access to land and natural resources and security for the population continue to need urgent and sustained attention.

As laid out in the CPA, the citizens of southern Sudan will participate in a referendum in 2011. Issues of property rights and resource governance are likely to figure into the choice of whether to secede from or remain part of the GNU. They will also affect the ability of the people of Darfur to reach a peace accord in that region, and will influence the resettlement process for millions of internally-displaced persons (IDPs).

In the absence of a functioning and socially legitimate system to identify and enforce formal and customary land rights, commercial pressures to develop agribusinesses and explore for and extract oil have increased tenure insecurity. Under formal law, the GNU has been free to issue long-term leases of unregistered land without consulting with local communities; smallholders and pastoralists have been evicted from land and denied access to natural resources in favor of private investors, land speculators, military personnel, and elites. Most of the country’s urban population – including millions of IDPs and rural residents whose means of livelihood have been destroyed – live in informal settlements without secure rights and are vulnerable to eviction and the destruction of their residences.

Transparent and fair administration of natural-resource exploitation is a concern in Sudan. Several institutions have been established in the wake of the Peace Agreement to monitor resource exploitation and revenue-sharing. However, the institutions are ill-prepared to monitor petroleum contracts and revenue flows.

KEY ISSUE AND INTERVENTION CONSTRAINTS

• Continued Support for Establishment of Legal Frameworks and Governance Structures. Sudan’s future stability and the prevention of conflict depend on the development and implementation of comprehensive legal frameworks and governance structures for land and natural resources. Priority should be given to southern Sudan and Darfur. Donors can ensure that ongoing efforts to create new or revised legal frameworks for land, water, forests, and minerals address chronic gaps and pressure points and establish necessary governance bodies at all levels, and mechanisms for control and enforcement of rights. Women’s rights to land and natural resources should be strengthened and rights of pastoralists clarified. Authority over water resources needs to be clarified at every level and governance of water resources needs to be coordinated among public and private entities and communities Greg, issues of water eg river will need to involve 7 countries that are benefiting from the Nile waters. Rights of foreigner investors to access land, water, and minerals should be clarified, and actual allocation of those rights should be in the interests of transparency and conflict-avoidance be subject to local review. Revenues generated by foreign or joint-venture investments in operations that involve natural-resource extraction or use should be subject to Ministry of Finance verification and internal audit. In addition to support for legal frameworks, donors should continue efforts to assist the government in creating and strengthening core institutional structures at every level, helping to create appropriate links between the institutions and the public, and designing and implementing public awareness-building programs.

• Support for Land Access and Tenure Security. The customary land rights that govern and inform rights to land and water – especially in southern Sudan, the Darfur region, and for pastoralists– need to be identified, documented, and integrated into formal law. The rights of IDPs to access land and housing, and the authority over land allocation for IDPs, need to be established and clarified and the information disseminated to IDPs and local governments. Donors can assist the government by continuing to collect information about customary rights, coordinating their efforts to ensure regional coverage and implementation of best practices, and providing technical assistance and comparative knowledge to the integration of customary rights and formal law. Donors can indentify resettlement trends and regional needs to accommodate returning IDPs. Public-awareness campaigns and capacity-building will assist the IDP population and state and local governments in understanding land and housing rights and in creating realistic plans that include recognition of the most vulnerable groups, including women, IDPs, and those affected by HIV/AIDS.

• Support Urban Development and Formalization of Urban Land Rights. apid urbanization across Sudan has outpaced the capacity of government institutions to create and implement master plans and develop policies for upgrading and regularizing informal settlements. Donors can assist the GNU and GOSS in developing appropriate strategies for urban planning and settlement upgrading. Technical assistance is needed to help draft and implement legislation and programs to regularize informal rights, paying particular attention to vulnerable groups such as IDPs, households affected by HIV/AIDS, and households headed by women and children.

• Support for Dispute Resolution Mechanisms and Forums. Conflicts among competing groups over access to and control over land and water are common in Sudan, and the decades of war, prevalence of weapons, and numbers of people with combat experience have increased the likelihood of disputes turning violent. Establishment of an effective, integrated, socially legitimate system for the resolution of disputes over land and other natural resources is critical to Sudan’s future. Donors can assist the government in assessing the actual and potential roles played by traditional authorities and formal legal institutions, and in identifying options for the creation of a system that integrates formal and customary components and supports local governance bodies in their implementation of laws and policies.

SUMMARY

Once lauded for its agricultural potential, Sudan has become mired in protracted conflict that has stalled its development and caused massive displacement of populations. Most of the fifty years following Sudan’s Independence have been consumed by the two North and South civil wars fueled by competition for natural resources and the concentration of power in the northern-based central government. Conflict in Darfur erupted in 2003, causing massive internal displacement of populations and the loss of hundreds of thousands of lives.

In 2005, the Sudan People’s Liberation Movement (SPLM) and the Government of Sudan signed a Comprehensive Peace Agreement (CPA) to end the civil war. The Government of National Unity (GNU) and Government of Southern Sudan (GOSS) were established to support wealth- and power-sharing arrangements during a 6-year interim period for peace-building. A fragile peace has been maintained. The GOSS holds a degree of political independence that has allowed it to adopt its own Constitution (subject to the terms of the national 2005 Interim Constitution) and legislation, including a Land Act that was enacted February 2009. A referendum is planned for 2011 under which the population of southern Sudan can choose to remain within a unified Sudan or secede. Some fear that the referendum could result in renewed conflict and displacement.

Conflict continues to erupt in Darfur, in the areas that straddle the region between north and south (Abyei, South Kordofan and Blue Nile states – known as The Three Areas), and Eastern Sudan. Public investment has been low in Darfur and southern Sudan. The prevalence of land mines and the large numbers of IDPs have resulted in vast areas of land going unused. Areas of concentrated population (including IDP camps and informal settlements) and areas under ecological pressure have become degraded from overgrazing, deforestation, and rapid unplanned urbanization. Farming is encroaching on forests and rangelands. The return of displaced people to some parts of the country has caused conflicts over land rights. Half of all returning internally displaced and refugee households are female-headed, and women’s land rights are highly insecure. The authority of the customary institutions historically responsible for resolving land disputes has weakened, and the land commissions called for in the CPA have yet to function effectively or have yet to be formed.

The end of the civil war, signing of the CPA and development of the oil export industry are attracting increasing amounts of foreign investment to Sudan, and the industrial sector is expanding. Sound resource-governance is a critical responsibility for Sudan’s national and regional governments.

1. LAND

LAND USE

Sudan’s total land area is 2,376,000 square kilometers, 57% of which is agricultural land. Sudan’s irrigated area is the largest of any country in sub-Saharan Africa. Irrigated land constitutes 10% of Sudan’s total cultivated land and supplies over half of the country’s agricultural production (World Bank 2009).

Sudan is generally flat, with mountains in the west. Twenty-nine percent of the country is desert. Southern Sudan has the second-largest wetlands in Africa and the largest intact savanna ecosystem in East Africa. Twenty-eight percent of Sudan’s land area is forested. The annual rate of deforestation is 0.8%. Protected areas make up about 5% of land area. Rangelands cover roughly 117 million hectares and spread over most of the country’s ecological zones. Almost all livestock is raised by semi-nomadic and nomadic methods (World Bank 2009; USDOS 2009a; FAO 2005).

In 2008, Sudan’s population of 41 million was 57% rural. The population is highly diverse: the northern region is populated mostly by Arab and some African Muslims while the population in the southern region is primarily made up of black African animists and Christians. The majority of residents of the western region of Darfur are black Muslims. Within these broad groupings are dozens of ethnic and tribal groups (World Bank 2009; USDOS 2009a; FAO 2005).

Sudan had an estimated GDP of US $58 billion in 2008. Agriculture was responsible for 26% of GDP, and industry and services 34% and 40%, respectively. While agricultural land continues to be an important resource, oil production is increasing. The development of the oil sector has led to a sharp rise in foreign investment and has boosted the development of the industrial sector (World Bank 2009; USDOS 2009a).

Rainfall in some areas of the country has been steadily decreasing over the last 40 years, and the Sahara desert is advancing at a rate of about one mile a year, eliminating grazing land and water holes. Forest ecosystems throughout Sudan have been degraded due to fire, uncontrolled grazing, over-cutting, and encroachment by agriculture. Drought and increasing pressure on land by the expansion of commercial farming have restricted rangelands, and overgrazing is a growing problem. Environmental degradation and competition for limited natural resources has been a contributing cause of conflict in the region (USAID 2007a; Bruce 1998; IRIN 2009a; IRIN 2008; UNEP 2007).

LAND DISTRIBUTION

Northern Sudan, which includes 12 of the country’s 25 states, has a population of 22 million. The population is primarily located in the urban areas, along the Nile River and border regions, and in areas of industrial and mechanized agricultural development. The desert and semi-desert areas of the region, primarily in the north and west, support low-intensity pastoralism and isolated communities. With the exception of the Nile River strip and the coastal plain, the desert regions of Sudan are relatively undeveloped. Along the Nile River, well-irrigated farms raise cash crops (UNEP 2007).

The northern city of Khartoum has an estimated 5–7 million residents, including 2 million IDPs from southern conflict zones and drought areas in the east and west. Most residences are single-story buildings, constructed on plots ranging between 300 and 500 square meters. Large unauthorized settlements are growing on the outskirts of Khartoum and Sudan’s other cities and towns. The settlements are characterized by lack of planning, inadequate water and sewage services, and the prevalence of disease. Khartoum hosts an estimated 96 different informal settlements, housing 2–3 million people. Since Independence, four master plans for the city have been created, but they have been only partially implemented, and a fifth effort is ongoing (UNEP 2007; Rahhal and Salam 2006).

The semi-arid Sahel belt crosses the country’s central region. Most agricultural production in Sudan is located in the Sahel and southward. In the central area, most of the natural vegetation has been cleared and replaced with flat, open, agricultural fields. Both rainfed and irrigated methods of production are practiced in the region, and large areas are devoted to mechanized farming enterprises (UNEP 2007).

Southern Sudan includes 10 states and a population of about 6 million people. Most of the population is rural and dependent on subsistence farming and enterprises. Since Independence in 1956, the region has been in an almost perpetual state of conflict, which has delayed development of basic infrastructure, human services such as education and health, and agricultural investment and extension. Livestock provides the main source of livelihood for 80% of southern Sudan’s population, with herds (mostly cattle) concentrated primarily in the western provinces of Upper Nile State, and East Equatoria, Jonglei, and Bahr El-Ghazal states. Livestock are raised by nomads and semi-nomads and are entirely dependent on access to grazing land and watering points. The increasing number of sedentary farmers is reducing the amount of grazing land available. Rainfed agriculture dominates in the region, and farmers cultivate small plots with handheld tools. As the interim period that began with the signing of the CPA in 2005 enters its final phase, local conflicts over access to land and other natural resources threaten the stability of the southern region (Rolandsen 2009; FAO 2009; World Bank 2006).

The towns and cities of southern Sudan have experienced rapid growth as people migrate to escape violence and poverty and seek employment and services in cities. Juba has grown from a population of 56,000 in 1973 to 250,000 in 2006. The expansion occurs primarily through informal, unplanned settlements that lack roads, water and sanitation services and drainage systems (UNEP 2007).

Abyei (a county and former district of South Kordofan), South Kordofan state, and Blue Nile state lie on the central area between the northern and southern regions of the country and are known as the Three Areas. The Three Areas are geographically considered part of the northern region but have historical, ethnic, and tribal ties to the south. The Three Areas have competing claims to the wealth of natural resources. The Abyei region, which has one of the country’s largest oil reserves, is the ancestral land of the Ngok Dinka and has been on the migration route of the Misseriya Arabs and other nomadic tribes for generations. The Nuba Mountains have been the site of large commercial farm development. Both the GNU and the GOSS seek to control the Three Areas, especially Abyei. The negotiations leading to the CPA recognized the unique position of Abyei and created a separate agreement that allows residents of the areas to vote whether to join southern Sudan in a move to secede. Until then, the GNU and GOSS jointly administer the Three Areas (UNMIS 2010; Thomas-Jenson and Fick 2009; Thomas 2009).

The three western states that make up the Darfur region have been under environmental pressure for decades. Much of the population in the semi-arid region has relied on herding and subsistence agriculture for survival. The region is experiencing significant changes in the environment: rainfall has been diminishing in the region and the desert is spreading southward by about one mile a year, reducing the amount of land, fodder, and water holes. The systems of land ownership and control have not been able to respond to the competing demands of nomads and sedentary farmers. As grazing land and water sources diminished, pastoral groups sought secure access to land and other natural resources; in a leadership vacuum, rebel groups formed and grew in strength and power. Government efforts to subdue the rebels included using the janjaweed, a government-sponsored militia that used brutal and extreme methods. In an 8-year period, the conflict in Darfur has been responsible for between 200,000 and 400,000 deaths, and the displacement of 2.5 million people (Lweytzkyj 2009; Parmar 2007; Egemi 2006).

As of January 2010, Sudan had 4.1 million IDPs, primarily displaced from homes and land in the southern and western (Darfur) regions and living in both rural and urban areas in the north and in IDP camps. As of 2007, there were an additional 629,500 Sudanese refugees, most of whom are living in neighboring countries. IDPs and refugees have begun to return to their land and residences or are settling on land provided for them by traditional authorities and local governments. Since the signing of the CPA in 2005, an estimated 2 million IDPs have returned to the Three Areas. The returning population is primarily practicing subsistence agriculture, competing for land with nomadic tribes. In other cases, some IDPs are choosing to remain in IDP settlement, putting pressure on the host communities, natural resources and services in areas often ill-suited for large permanent settlements (UNHCR 2010; UNMIS 2010; UNEP 2007; de Geoffroy 2007).

LEGAL FRAMEWORK

Neither the Interim National Constitution nor the Interim Constitution of Southern Sudan address land rights. The CPA of 2005 does not directly address land rights and ownership of natural resources but sanctions the development and enforcement of parallel legal systems for the GNU and southern region and provides for the establishment of land commissions (National Land Commission, Southern Sudan Land Commission, and Darfur Land Commission) to govern the development of land policy and adjudication of land disputes (Pantuliano 2007; Nucci 2004; Gurtong 2010).

Formal law, dominated by Islamic law, is recognized in the northern region. The formal laws include colonial-era laws and a handful of statutes relating to registration of land and its impact on land rights. The 1925 Land Resettlement and Registration Act provides that all unoccupied land was presumed to be state land. The 1970 Unregistered Land Act provides that all land that had not been registered was state land. The state retained land ownership and could grant leasehold interests to individuals and entities. The Act gave the government a legislative tool to acquire land for commercial development and investment, without regard for customary rights. The 1984 Civil Transaction Act governs transactions in land, including leases and easements, and provides that registered usufruct rights to land are equal to registered ownership rights to land. The Civil Transaction Act repealed the Unregistered Land Act but through amendment retained the principle of state ownership of land. Although the GNU and GOSS agreed to give consideration to customary land rights in the development of the legal framework governing land, the GNU maintains its ownership of unregistered land (Adams and Palmer 2007; Nucci 2004; Alden Wily 2008; ARD 2009a).

The GOSS exercises authority in respect to the people and the states in southern Sudan under authority granted by the CPA, the 2005 Interim National Constitution, and the 2005 Interim Constitution of Southern Sudan. The GOSS passed the Land Act in early 2009 and has been developing a legal framework as well as a comprehensive land policy to guide development of the legal framework and address gaps and ambiguities in the Land Act (Gurtong 2010; ARD 2009b; Rolandsen 2009; Reuters 2009).

Despite efforts of the government of Sudan to impose principles of Shari’a law on southern Sudan following Independence, customary law retained social legitimacy among the population, and the foundation of the GOSS 2009 Land Act is customary law. Under the Land Act, customary land rights are equal to formal land rights in southern Sudan; land traditionally and historically held or used by local communities in the southern region shall be protected by law; and the GOSS shall recognize customary land rights in managing state land. The Land Act further states that relevant laws shall be developed and amended to incorporate customary laws, practices, local trends, and international trends and practices. The GOSS is drafting regulations to implement the Land Act, and when the land policy for southern Sudan is adopted, further refinements to the Land Act are anticipated in order to harmonize the Land Act and the land policy (GOSS 2009a; Rolandsen 2009; Giampaoli 2010).

TENURE TYPES

Formal law recognized by the northern region provides that all unregistered land (90% of the country’s land) is owned by the government. Individuals and entities can obtain leasehold interests of various durations and terms. Islamic law recognizes individual freehold interests in land, and land that was registered as of 1970 is considered privately owned (Shanmugaratnam 2008; Nucci 2004; Alden Wily 2008; Bruce 1998; Rahhal and Salam 2006).

The 2009 Land Act, which is applicable in southern Sudan, states that all land is owned by the people of southern Sudan, and the GOSS is responsible for regulating use of the land. The Land Act classifies land as public, community, or private land. Public land is land owned collectively by the people of southern Sudan and held in trust by the GOSS. Public land includes land used by government offices, roads, rivers and lakes for which no customary ownership is established, and land acquired for public use or investment. Community land is land held, managed, or used by communities based on ethnicity, residence, or interest. Community land can include land registered in the name of a community, land transferred to a specific community, and land held, managed, or used by a community. Private land includes registered freehold land, leasehold land, and any other land declared by law as private land (GOSS 2009a).

The GOSS 2009 Land Act recognizes three tenure types: customary, freehold, and leasehold. Land used for residences, agricultural, forestry, and grazing can be held under customary tenure. Customary land rights may be granted for the life of the landholder and are inheritable. Customary land can be subject to usufruct rights and sharecropper agreements but cannot be alienated. Traditional authorities are responsible for allocating customary land, subject to pre-notification of local government authorities and pre-approval of local government authorities for non-residential land over 250 feddans (about 105 hectares). Freehold rights are held in perpetuity and include the right to transfer and dispose of the land. The Land Law does not state how freehold rights are acquired. Leaseholds can be obtained for customary and freehold land. Leases can be granted for periods of 99 years or less. Leases of more than 105 hectares of customary land must be approved by two local government bodies. Foreigners cannot own land in southern Sudan but can lease land for periods up to 99 years (GOSS 2009a; Rolandsen 2009).

The customary land tenure systems on which the GOSS 2009 Land Act is based exist throughout Sudan and govern practices of pastoralists in the north, semi-feudal systems that developed in land close to the Nile, and the practices of southern and western tribes. Customary law varies throughout the country but tends to share the following general characteristics: land is considered to belong to the people; land is not formally registered; land remains with the tribe or clan and usually cannot be sold to outsiders; use-rights dominate and land is considered retained by a household until abandoned (and in some circumstances even if abandoned); and rights to land and its natural resources may overlap. Most groups distinguish between land used for grazing and hunting and land used for farming and residences, and separate laws apply to the different land categories. Local leaders determine who has rights to land and other natural resources and who must seek permission for use (Rahhal and Salam 2006; Jok et al. 2004; Rolandsen 2009).

SECURING LAND RIGHTS

In the northern region of the country, formal law, including Islamic law, governs land access and tenure security. Land can be obtained through inheritance or by land sales and leasing. Land sales and leases can be registered, and registered land is considered the most secure. Islamic law recognizes the principle of shufa’a, which allows a neighbor or co-inheritor of land a right of first refusal on the transfer of land (Nucci 2004; Bruce 1998; Rahhal and Salam 2006).

The GOSS 2009 Land Act provides for the registration of land in southern Sudan. The Land Act states that all land, whether held individually or collectively, shall be registered and title granted. Systematic registration shall take place at the request of the state and be carried out by the Ministry of Housing, Physical Planning and Environment. Communities can register their land in the name of the community, a traditional leader as trustee for the community, a clan or family, or a community association. Once community land is registered, individual community members may be entitled to register individual rights to certain portions of that land (GOSS 2009a).

In many rural areas throughout the country, customary institutions manage land allocation. Community members have a right to access land to use for a residence and farming. Traditional leaders have the authority to allocate land to members of the community. In areas with available land, those in need of land may clear and use unoccupied land. In more densely populated areas, land is most commonly obtained by inheritance. If someone leaves an area, the traditional leaders usually reallocate the land. In the southern region of the country, the GOSS 2009 Land Act sanctions the authority of traditional leaders (subject to oversight by local government), provides that the customary land rights held by individuals or groups prior to the enactment of the Land Act are recognized by the Land Act, and recognizes customary rights as equal to formal land rights in force and effect (GOSS 2009a; De Wit 2004; Bruce 1998; Shanmugaratnam 2008).

In urban areas, formal and informal leases are the most common tenure system. Lease terms vary and are often undisclosed to tenants. Plots offered under formal leases are rare and expensive and most urban and peri-urban residents live in informal settlements with limited or no services. Government employees have a right to housing in urban areas but plots are often unavailable, putting pressure on government officials to seize land used for informal settlements for new residential construction (De Wit 2004; Rahhal and Salam 2006; de Geoffroy 2007).

Historically, land tenure insecurity has resulted from the imposition of formal law that does not recognize individual rights to unregistered land. Unregistered land has been considered state land available for transfer to private commercial interests, the military, land speculators, and elites without regard for customary rights. Since the signing of the CPA, the GNU and GOSS have issued new long-term leases over community lands to commercial interests and well-connected individuals without consulting local populations or obtaining their consent. The GOSS 2009 Land Act now protects customary land rights in southern Sudan and expressly requires consultation with communities in the area of land acquired for investment (Pantuliano 2007; GOSS 2009a).

In urban areas in the southern regions, military personnel have taken advantage of their positions to occupy residences or construct buildings on land that owners left vacant when fleeing violence. Military personnel have been unwilling to vacate the land upon the owners’ return, or have claimed ownership rights and sold the plots to others. In Darfur, various groups have taken advantage of the years of conflict and unsettled land rights. In western and southwestern areas, nomadic Arab groups such as the Mahariya and Missirya are occupying land that non-Arab sedentary groups like the Masalit and Fur occupied before the conflict (Nucci 2004; De Wit 2004; Alden Wily 2008; Pantuliano 2007).

In the southern states, the 2009 Land Act provides displaced and landless groups (many of whom are among Sudan’s 4.1 million IDPs) with rights to land or compensation. The Land Act also provides that individuals occupying land in an urban area without interruption since May 16, 1983 (when the civil war began) shall be granted legal title to that land.

The 2009 Land Act also grants a right of restitution if a landholder lost his or her land rights (formal or customary) after involuntary displacement as a result of the civil war. The right of restitution exists regardless of whether the right in land was taken over by an individual or the government, and the right extends to family members, legal heirs, and any other person who had an interest in the land. Claims for restitution must be filed within 3 years of the enactment of the Land Act (i.e., by January 2012) and can be filed with traditional authorities or the Southern Sudan Land Commission (SSLC). If land cannot be provided to claimants, the Act provides for monetary compensation. Rules governing the right of restitution and resettlement plans for those unable to assert a right of restitution have not been formalized. In some areas, local systems of communal land management have been flexible and absorbed returning community members. In areas where large amounts of land have been taken by other interests, the GOSS and GNU have discussed creating demarcated areas for resettlement (GOSS 2009a; EVD et al. 2009; Pantuliano 2007; Rolandsen 2009).

INTRA-HOUSEHOLD RIGHTS TO LAND AND GENDER DIFFERENCES

Women’s land rights are highly insecure in Sudan. While many community members obtain land through customary land allocations, the land is commonly granted to male family members. A woman’s rights to the land are obtained not as a result of her status as a member of the community but as a result of her relationship with her husband, father, brother, or other male relative. Women rarely have direct rights to land, and when households are disrupted by death or divorce and their relationships with the landholder terminates, women may be unable to retain access to land. Male family members may sell or transfer the family land without women’s consent or simply deny them rights to use the land (De Wit 2004).

In northern Sudan, Shari’a Law governs property rights in the event of marriage, divorce, and death. Shari’a law recognizes women’s rights to hold property, but land rights tend to be retained by male family members. Daughters are entitled to inherit a share of land from their fathers, but the share is usually half that received by sons, and daughters customarily relinquish their shares to their brothers in order to keep family land intact and in exchange for support by the brothers, if necessary (De Wit 2004; Bruce 1998).

Widowed women face special obstacles when trying to claim inherited leasehold rights from the government. In order to do so, a woman must obtain a death certificate, which is difficult to procure. The requirement complicates women’s ability to access land in town areas identified by the state for resettlement, and will potentially impact the estimated 45% to 50% of the refugee/IDP community made up of female-headed households. Reliance on customary law for the allocation of rural land will potentially marginalize women because they have only indirect rights to land under most customary tenure systems. The GOSS 2009 Land Act states that women shall have the right to own and inherit land together with any heirs of the deceased (De Wit 2004; Pantuliano 2007; GOSS 2009a).

LAND ADMINISTRATION AND INSTITUTIONS 

The CPA provides for the establishment of commissions (National Land Commission, Southern Sudan Land Commission, Darfur Land Commission) responsible for: establishing land policy within their respective jurisdictions; enforcing land law; resolving land disputes; assessing compensation for land acquisitions; studying and recording land-use practices in areas where natural resource development occurs; and conducting hearings and formulating their own rules of procedure. The National Land Commission and Southern Sudan Land Commission are required to cooperate and coordinate their activities to use resources efficiently, exchange information and decisions on land issues, and resolve conflicts between their findings or recommendations. While each state has the right to develop, conserve, and manage its natural resources, both continue to develop the institutional capacity needed to exercise their administrative and managerial functions (Gurtong 2010; Egemi 2006).

As of April 2010, the National Land Commission (NLC), which is the responsibility of the GNU, was in the formation process. The Darfur Land Commission has not yet been established. Privately-held land is registered with the Registrar of Lands, and the GNU Ministry of Agriculture and Forestry administers the state’s leaseholds of agricultural land (Nucci 2004; Pantuliano 2007; Rolandsen 2009; UNMIS 2010).

The Southern Sudan Land Commission (SSLC) was created in 2006. The SSLC drafted the 2009 Land Law and is developing a land policy and the central and local institutions necessary to govern and administer land rights. The work of the SSLC has been hampered by lack of sufficient staff, funding, and capacity. Other institutions developing new land administration systems and laws include the Ministry of Legal Affairs and Constitutional Development (MOLACD) and the Land Policy Steering Committee, which includes representatives from 13 ministries, commissions, and boards. ( Pantuliano 2007; Rolandsen 2009; UNMIS 2010; ARD 2009b; EVD et al. 2009; Giampaoli 2010).

The GOSS Ministry of Agriculture and Forestry (MAF) was formed in October 2005. The MAF is responsible for policy guidance, planning, assessment, resource allocation, regulation, and oversight of agricultural and forest land. At the state level, the Ministries of Agriculture, Animal Resources, and Irrigation (MAARIs) were instituted with a wide sectoral mandate and with the counties holding responsibility for implementation. The newly formed institutions in southern Sudan have been slow to develop. In many cases, the new institutions often lack clear mandates, regulatory frameworks, necessary levels of funding, and the human capacity to establish themselves and operate effectively (World Bank 2007; Rolandsen 2009; Giampaoli 2010).

The GOSS 2009 Land Act establishes the land registry within the Ministry of Housing, Physical Planning and Development with coordinated registries maintained at the state level. The Land Act outlines a decentralized plan for land administration in southern Sudan with Country Land Authorities and Payam Land Councils operating at country and local levels. The County Land Authority has responsibility for: the management and allocation of public land; resettlement of people in the county; registration and transfer of land; support for cadastre operation and surveying; liaising with traditional authorities; advising local communities on land rights issues; and liaising with the SSLC. The Payam Land Council is responsible for: allocating public land; land planning and demarcation; supporting land registration and transfer; protecting the customary rights of communities (including communal grazing land, forests, and water resources); assisting the traditional authorities with land management, land-dispute resolution and environmental protection; and maintaining sanitation and hygiene (GOSS 2009a).

A variety of customary institutions continue to function to some degree in much of Sudan’s rural areas. In some areas, traditional leaders continue to allocate land and often maintain some records of land occupancy and transfers. The Native Administrations are a form of clan and tribal administration that administers the affairs of tribal groups according to their norms and traditions. In the early 1970’s the government attempted to replace Native Administrations with local government offices, but the Native Administrations had a substantial level of social legitimacy and survived in many areas. Native Administrations are flexible institutions that address local issues concerning agricultural land, pasture, and access to water on behalf of their communities. Reformers increasingly argue that these traditional authorities should be restructured in order to truly represent the diverse interests within different communities (EVD et al. 2009; Bruce 1998; Pantuliano 2007; Mohammed 2007).

LAND MARKETS AND INVESTMENTS

Under the GOS 1984 Civil Transaction Act (applicable in northern Sudan), land transactions must be registered. In Khartoum, land registration requires six procedures, 9 days, and costs 3.1% of property value. Only a very small percentage (10% or less) of land in Sudan is surveyed and registered. Urban cadastral information is largely nonexistent or in disarray. Most land transactions are informal and not registered (World Bank 2008a; De Wit 2004; Nucci 2004).

In southern Sudan where customary law governs, land rights have traditionally been transferred only within a clan or community. The GOSS 2009 Land Act creates a framework that allows customary land to be leased on various terms, with the community or individual community member retaining land ownership. The 2009 Land Act specifically provides that citizens and foreigners can obtain access to land for investment purposes and allows states to prepare land-use plans that delineate zones of land to be vested in the Southern Sudan Investment Authority to encourage private investment. The Land Act prohibits foreigners from purchasing land but permits leases of up to 99 years. International investment has been increasing since the signing of the CPA. An international investor based in Hong Kong has leased 400,000 hectares of agricultural land in Southern Sudan and Al Ain National Wildlife; and a company based in the United Arab Emirates signed an agreement to lease 16,800 square kilometers of grasslands in southern Sudan to be used for safari tourism (GOSS 2009a; Polloni 2009; Davies 2009; Economist 2009).

COMPULSORY ACQUISITION OF PRIVATE PROPERTY RIGHTS BY GOVERNMENT

Under the 2005 Interim National Constitution, the 2005 Interim Constitution of Southern Sudan, and the GOSS 2009 Land Act, private property cannot be expropriated except in accordance with the law and for the public interest. Prompt and fair compensation must be paid. The 1930 Land Acquisition Act (applicable in the northern region) is consistent with the constitutional provisions. The Acquisition Act authorizes the state to take private property in the public interest, under terms consistent with the 1993 Seventh Constitutional Decree and the 1994 Civil Transactions Act (GNU 2005; GOSS 2005; GOSS 2009a; Ojwang 1996).

By relying on formal law that designates all unregistered land as state land, the Sudanese government has since Independence expropriated land without proper processes or payment of compensation (1970 Unregistered Land Act and 1984 Civil Transaction Act). Land seizures have been common in the states of Southern Kordofan, Unity, Blue Nile, and in the Eastern region. The state has seized land and leased it out to private entities for development of large mechanized farming operations. The government used gunships and helicopters to clear people from villages to secure land for the development of oil fields. The forcible displacement of people, especially from South Kordofan, caused many to join the Sudan People’s Liberation Movement (SPLM) insurgency. Even after signing the CPA, oil companies operating under old contracts but establishing new projects have forcibly moved people from their homes in Malakal, and the government continues to lease large areas of land to private entities for development (Rahhal and Salam 2006; Pantuliano 2007; De Wit 2004; Nucci 2004; Alden Wily 2008; Shanmugaratnam 2008).

Khartoum hosts an estimated 96 different informal settlements, housing between 2 and 3 million people. After several failed efforts to manage settlement growth, Khartoum’s government used demolition as a primary tool of urban planning. Since 2004, the government has demolished seven IDP camps, bulldozing settlements with little warning, and without compensation to more than 665,000 residents. Twice that number of camps have been destroyed since 1990. In several cases, the government forced residents of informal settlement camps into remote desert locations that lack services and livelihood options (UNEP 2007; Rahhal and Salam 2006; de Geoffroy 2007).

LAND DISPUTES AND CONFLICTS

The signing of the CPA in 2005 ended over two decades of conflict between the Government of Sudan and the Sudan People’s Liberation Movement/Army (SPLM/A). The war was mainly fought over issues of political self-determination, unequal development, and control of the country’s resources, especially oil and land and the declaration of the Islamic Sharia law in 1983 for the entire Sudan aggravated the already fragile situation. As the interim period enters its final phase before the 2011 referendum, peace is fragile. Insecurity of rights to land and natural resources, undemarcated borders, and issues of transparency in the oil sector cause continued friction (EVD et al. 2009).

In Darfur, conflict began over political control of the region and access to natural resources. Disputes between pastoralists and sedentary farmers had occurred in the past, but traditional leaders (sheikhs,omdas and nazirs) mediated the disputes. In the 1970s, the traditional authority of the sheikhs and nazirs was replaced by local government councils. In the decades that followed, drought, famine, and diminishing natural resources put pressure on formerly cooperative agreements among diverse groups. Local government was ineffective at resolving disputes, and groups polarized. In 2003, government forces attempted to take control of the region. In addition to government troops, the government sponsored a brutal militia, the janjaweed, that burned villages, killed, raped, and maimed people, and destroyed or stole crops and livestock. In an 8-year period, between 200,000 and 400,000 people died and 2.5 million were displaced. Peace agreements signed by the government and the primary rebel groups in 2006 and 2010 have not been effective against the other rebel groups, and violence continues (Egemi 2006; UNEP 2007; Adams et al. 2006).

The Darfur Peace Agreement of 2006 establishes a Land Commission to resolve land-rights issues in the regions. The commission faces enormous challenges. The Peace Agreement recognizes the land rights of some clans and groups but does not provide a foundation for resolving conflicts between sedentary groups and pastoralists. The results of work of the Darfur Pastoral Routes Demarcation Committee (DPRDC) have been challenged by sedentary farmers, and traditional leaders who have historically managed natural resources and handled conflicts over resource-use have been marginalized by the conflict and by the emergence of new leaders (Egemi 2006).

Conflicts over control of grazing land and natural resources continue between different resource-users in all areas of the country. In the Three Areas, clashes have intensified in recent years. The major conflicts in the area occur: (1) between farmers and pastoralists; (2) within agro-pastoralists communities, as relatively powerful groups expand at the expense of others; (3) between farmers and groups exploiting natural resources such as timber, palm trees, and gum arabic; and (4) between returnees and laborers/sharecroppers on mechanized farms. The decades of war, combat experience and military training, and access to modern weapons have increased the deadliness of local conflict. Uniforms and weapons cause confusion regarding whether combatants are military personnel or civilians. A perception of the lack of police protection and a lowered threshold for resorting to violence has led some communities to create armed protection details or resort to other types of self-help and vigilantism (Rolandsen 2009; Pantuliano 2007; IRIN 2009b).

The steady return of refugees and IDPs in Southern Sudan is expected to exacerbate existing conflicts over land-use and place demands on newly formed local institutions that lack capacity to manage the numbers of people needing resettlement assistance. Areas that have been identified as particularly prone to conflict are: Southern Kordofan (Nuba Mountains), Blue Nile, Abyei, Darfur, Equatoria, Upper Nile, Eastern Sudan, Khartoum, Juba, and Yei (Shanmugaratnam 2008; USAID 2005; ARD 2009b; Pantuliano 2007).

Under the terms of the CPA, the Land Commissions are charged with arbitrating land disputes. However, the National Land Commission has not been created and the Southern Sudan Land Commission is understaffed, underfunded, and lacks a sufficient legal framework. In northern Sudan, a formal judicial system is functioning at central, state, and local levels. The GOSS’s Land Bill provides that land disputes will be handled at the State High Court level, but judicial institutions are in the early stages of formation and capacity-building, and similarly lack a sufficient legal framework (Rolandsen 2009).

Customary institutions have historically been used to resolve local land disputes. In the northern region, local chiefs or sultans commonly resolve minor disputes. Matters can be taken to the Native Administration or be heard by customary courts, which are staffed with traditional leaders such as sultans, omdas, and sheikhs serving as judges. The customary courts enforce customary law to the extent that it is not inconsistent with statutory and Shari’a law. The customary court can refer cases to the formal court system. In the southern region the role of traditional leaders and tribunals was weakened by decades of conflict and the establishment of military tribunals. However, chiefs and sub-chiefs in many areas continue to arbitrate family disputes over land and disputes arising with the community. Appeals can be taken to a higher executive chief or regional customary court, but because customary laws vary among regions and ethnic groups, the customary tribunals have limited ability to resolve complex, multi-party disputes and lack jurisdiction over third parties. Customary tribunals are also criticized for perpetuating entrenched hierarchies and discriminatory principles (Parmar 2007; Nucci 2004; Pantuliano 2007; Mohammed 2007).

KEY LAND ISSUES AND GOVERNMENT INTERVENTIONS

With technical assistance and support from the European Community (EC), the GOSS is developing regulations for the 2009 Land Act and plans for the implementation of the Act. As a complement to and foundation for the 2009 Land Act, the GOSS is also developing a comprehensive land policy that will include principles to address some of the significant pressures on land in the region, including: (1) resettlement of returning refugees and IDPs; (2) opportunities for potential commercial investment in land, including development of oil and other natural resources; (3) the need to set aside land for the development of infrastructure, public projects, and urban areas; and (4) the need to address conflicts over competing claims to land and other natural resources. Once the land policy is finalized and adopted, the GOSS plans to revise the Land Act to harmonize it with the land policy, and facilitate implementation of the Act.

Southern Sudan’s Ministry of Agriculture and Forests created a draft Agriculture and Forest Policy Framework that envisions a program to reclaim wetlands and convert them to large-scale irrigated cash crop areas (Shanmugaratnam 2008; USAID 2007a; Giampaoli 2010).

DONOR INTERVENTIONS

USAID is leading much of the donor support for the implementation of the CPA, and has a particular focus on land issues. The Sudan Property Rights Program (SPRP) is working with the GOSS to support the development of the land policy. The project recognizes the need for extensive and representative public consultations regarding land issues to inform the development of the land policy and to build support for the Southern Sudan Land Commission (SSLC). The project conducted public consultations in each of the 10 states of southern Sudan, engaged the inter-Ministerial Land Policy Steering Committee in the planning and endorsement of the land policy framework, and prepared preliminary documentation and analysis of land issues and challenges for southern Sudan. The project is building the capacity of the SSLC.

In the future, the SPRP will partner with the Nile Institute for Strategic Policy and Development Studies (NISPDS) to build research-capacity within the institution. It will also undertake land tenure and land conflict studies to inform the development of the land policy and further understanding of land issues.

USAID and the Food and Agriculture Organization (FAO) are also conducting assessments to help inform the development of mechanisms and institutions for land conflict resolution. In a separate but complementary effort, the United Nation’s Development Programme (UNDP) Rule of Law Unit is working with the Ministry of Legal Affairs and Constitutional Development, the Judiciary of Southern Sudan, the Southern Sudan Human Rights Commission (SSHRDC), and civil society to support rule of law institutions in southern Sudan by providing technical advice, capacity-building, and infrastructure support (ARD 2009a; ARD 2009b; ARD 2009c; FAO 2008; UNDP 2008).

USAID’s Customary Land Tenure Program (CLTP) is protecting and formalizing customary land and resource rights through the demarcation, mapping, and registration of community lands, with the goals of resolving conflict, strengthening tenure security, and improving participatory land-use management. With support from World Vision, the South Sudan Secretariat of Legal and Constitutional Affairs (SSSLCA) has conducted research in Southern Sudan on customary laws related to land. Other donors working on customary law issues are the FAO and UNDP. Oxfam, SOS Sahel and the Agency for Cooperation and Research in Development (ACORD) have been engaged in documenting customary land tenure systems in North Darfur, Northern Kordofan and the Sobat Valley.

USAID’s CLTP also supports state governments to encourage the promotion of land tenure security through the development of legislation. The program further encourages the creation of Community Land Councils to address local land issues (USAID/REDSO 2006; Adams and Palmer 2007; ARD 2008; USDOS 2009b; ARD 2009a; FAO 2008; UNEP 2007).

In 2010, USAID signed a US$ 950,000 agreement with the GNU reestablishing the Famine Early Warning Systems Network (FEWS NET) in the 15 states of northern Sudan. The systems network will provide information to predict and manage threats to food security. The partnership marks the resumption of a program that had been closed in Sudan’s northern states since 1992 (USAID 2010b).

The FAO is working in Darfur on the creation of the Land Commission and development of a land policy. The German Agency for Technical Cooperation (GTZ) and the United Nations High Commissioner for Refugees (UNHCR) are working on the reintegration of IDPs and building governance capacity. The Norwegian Refugee Council is collaborating with both FAO and UNHCR, conducting studies of land and property issues related to IDPs, and Intersos has monitored and mapped secondary land occupation (FAO 2008; Adams and Palmer 2007; GTZ 2008; Pantuliano 2007).

In urban areas, UNDP has provided the government with technical support for urban policy development and planning under its Urban Management Programme, which ended in 2009. UN-Habitat and USAID have supported assessments of land, spatial planning and housing, and review of legal frameworks governing land rights, and have conducted capacity-building programs related to urban planning. UN-Habitat has been implementing a project in Darfur to support the resettlement of IDPs; the project includes attention to issues of land tenure and the development of alternatives to wood-based housing construction (Pantuliano 2007; UNEP 2007; UN-Habitat 2010).

In addition to its efforts to support the CPA and assist in the development of the legal framework and institutions, USAID is prioritizing activities to support economic growth in southern Sudan by improving agricultural production and marketing, creating infrastructure, and developing state and local institutions. FAO is also working in Southern Sudan on improving and stabilizing food security and livelihoods with crop-based farming interventions, including supplying inputs and providing training, rehabilitating community nurseries, and developing income-producing activities like beekeeping and food processing (USDOS 2009b; FAO 2008).

2. FRESHWATER (LAKES, RIVERS, GROUNDWATER)

RESOURCE QUANTITY, QUALITY, USE AND DISTRIBUTION

Sudan has a varied climate areas, ranging from the northern desert to tropical rain forests in the south. Annual rainfall varies from 200 millimeters in the north to over 1600 millimeters per year in the southern region. Although most agriculture is rainfed, Sudan has the largest irrigated area in sub-Saharan Africa, constituting 10% of cultivated land. Annual variability and relative scarcity of rainfall, particularly in the north, cause loss of vegetation, leaving land vulnerable to overgrazing and erosion. The central and northern states have experienced repeated and prolonged droughts in the last decades, causing loss of livelihoods, displacement, and localized famine. Severe flooding is also common in Sudan, destroying housing, infrastructure, and crops, and eroding soil (UNEP 2007; FAO 2005).

Sudan has significant freshwater resources. The Blue Nile, which flows into Sudan from Ethiopia, and the White Nile, which comes from Uganda, join in Khartoum to form the Nile River. The Nile River flows north into Egypt to the Mediterranean. In addition to the rivers and their tributaries, Southern Sudan is home to the second-largest wetland in Africa, the Sudd. The Sudd’s swamps extend more than 30,000 square kilometers, and seasonally-inundated woodlands and grasslands cover another 600 square kilometers. The swamps, floodplains, and grassland contain over 350 species of plants, 100 species of fish, 470 bird species, over 10 species of mammals, and a range of reptiles and amphibians (USAID 2007a; UNEP 2007).

Sudan shares its surface and ground water resources with neighboring countries and is a member of the Nile Basin Initiative (NBI). The variability of riverflows necessitates water storage in large reservoirs. In 2007, Sudan had 1,272 cubic meters of internal freshwater resources per capita. Annual water withdrawals are used almost entirely for agriculture (97%), including irrigation and livestock uses (FAO 2005; World Bank 2009; NBI 2010).

Sudan has sufficient fresh water resources to supply drinking water to all its residents except in the northern desert regions. However, access to drinking water is hampered by a lack of infrastructure for extraction and purification. In southern Sudan, water supply and sanitation facilities suffered from a lack of maintenance and management during the war. Throughout the country, only 35% of the 6500 nationally-recorded water points are operational. Insufficient water-supply and contamination are problems in Khartoum and surrounding urban areas. A 2006 survey reported that 135 of every 1000 children born alive died before the age of five. Forty-eight percent of those deaths were due to diseases associated with unsafe water and inadequate sanitation (USAID 2010b; USAID 2007b; UNEP 2007).

The waters of the Nile River, with numerous tributaries and annual flooding, have been used for centuries for irrigation in Sudan. Traditional irrigation systems such as the shaduf (a device to raise water) and waterwheels used to lift water to fields were gradually replaced in the early 20th century by more efficient mechanized pump systems and the use of dams, reservoirs, and canals to support agribusiness, including cotton and sugar plantations. Small areas are irrigated by underground water (Metz 1991; FAO 2008).

LEGAL FRAMEWORK

The 1998 Constitution of the former Government of Sudan provides that all subterranean, surface, and water resources are public property. Ownership of underground resources, likely including water, was debated during the peace-making process but ultimately tabled. The 2005 Interim National Constitution does not address ownership of water but simply provides that the state is responsible for the sustainable use and management of natural resources. In 2007, an ordinance was adopted to establish a General Authority for Water (GOS 1998: GNU 2005; Alden Wily 2008; EcoLex 2009).

In December 2007, the GOSS passed the Southern Sudan Water Policy. The policy provides that access to sufficient water of an acceptable quality to meet basic human needs is a human right. The policy provides that: the right to water shall be given the highest priority in the development of water resources; rural communities shall participate in the development and management of water schemes; and the involvement of NGOs and the private sector in water projects shall be encouraged (GOSS 2009b).

Water rights are primarily a matter of state and local legislation in Sudan. States and regions (such as southern Sudan) establish water corporations, which set regulations governing access to water resources at state and local levels. State governments typically control certain water sources, such as boreholes, borewells, surface wells, and reservoirs (hafirs) for which they charge use-fees. Additional water sources are provided by private individuals and entities. Separate regulations (and sometimes separate water corporations) govern urban and drinking water. Sudan’s use of water in the Nile Basin is subject to international agreements and obligations related to its membership in the Nile Basin Initiative (UNDP 2006; Adams et al. 2006; NBI 2009).

TENURE TYPES AND SECURITY 

Under Islamic law, water is a public resource for all people to access. People have a right to drinking water for themselves and their livestock, and they have a right to use water for irrigation for farming. Access to water sources is open to all and must be used and managed in a manner that does not infringe upon others’ use of the resource. Where water is not available in quantities to serve all needs, if the water is drawn from a source that requires no artificial means of extraction, those nearer the source have first rights to the water. If effort and investment must be made to extract water, allocation is determined based on the effort made and the needs of various users. (ISESCO 2010; Caponera 2001).

Under customary law, community members have a right of access to land and water. Pastoralists have the right to use pasture and surface water in any part of their tribal areas. During periods of migration, pastoralists access water on land by agreement with landholders and other users of the natural resources. Strategies pastoralists use to overcome water shortages include: (1) constructing new water sources in water-deficit areas or investing in transport of water over comparatively short distances from water-source to camp by donkey or camel; (2) balancing of herds; (3) adjusting the positions of different species and classes of livestock in relation to water supplies and conserving the water and grazing at or around the most permanent and reliable water points (‘fallback’ or ‘dry-season’ water points); (4) selecting more drought-resistant breeding stock and management of the timing and frequency of drinking; and (5) managing and controlling the water points though organization and regulating access (Adams et al. 2006).

Competition over water resources is a common cause of local conflict, especially in areas where resources are limited, such as Darfur, and where pastoralists and sedentary farmers share resources, such as in the central region and southern Sudan. Customary laws and traditional practices governing access to wells and rights to river water may not be adequate to address the needs of growing populations of people and livestock, especially in areas experiencing a reduction in water availability or water quality. In June 2009, clashes over water and grazing rights in the border region between South Kordofan and Darfur resulted in the deaths of 250 people (USAID 2005; FAO 2008; AP 2009).

GOVERNMENT AND CUSTOMARY ADMINISTRATION AND INSTITUTIONS

In northern Sudan, the Ministry of Agriculture and Natural Resources (MANR) oversees the agricultural corporations that manage large irrigation schemes. The Ministry of Irrigation and Water Resources (MIWR) is responsible for delivering irrigation water and is legally responsible for all water matters including supplying water, planning and managing water resources, creating and managing irrigation programs and facilities, providing for hydropower generation, and protecting the water-related environment (FAO 2005).

Within the GOSS, the Ministry of Water Resources and Irrigation (MWRI) has overall leadership in the water sector. The Ministry has responsibility for drafting and overseeing the implementation of policies, guidelines, master plans and regulations for water resources development, conservation, and management in Southern Sudan; encouraging scientific research into the development of water resources in Southern Sudan; overseeing the operation of the Water Corporation of Southern Sudan (WCSS); overseeing the design, construction, and management of dams and other surface water storage infrastructure for irrigation, human and animal consumption and hydroelectricity generation; setting tariffs; creating policy on rural and urban water resource development and management; making provisions for local community management and maintenance of constructed water supplies until state and local governments have the capacity to undertake such functions; initiating irrigation development and management schemes; protecting the Sudd and other wetlands from pollution; and advising and supporting the states and local governments in their responsibilities for water supply and building their capacity to assume all functions vested by the Constitution and GOSS policy (GOSS 2009b).

The Southern Sudan Urban Water Corporation (SSUWC) was established to operate urban water facilities, improve their sustainability and expand the service coverage. The Khartoum State Water Corporation (KSWC) serves Khartoum and surrounding urban areas (GOSS 2009b; USAID 2007b).

Sudan is a member of the Nile Basin Initiative (NBI), a cooperative institution formed by 10 riparian countries in 1999. The purpose of the NBI is to achieve sustainable socioeconomic development through the equitable utilization of, and benefit from, the common Nile basin water resources. The NBI has a grant-funded Shared Vision Program supporting activities that build an enabling environment for investment, and a Subsidiary Actions Program for specific investments, such as irrigation and hydropower. The initiative also seeks to reverse land degradation and improve environmental management (Cascao 2009).

GOVERNMENT REFORMS, INTERVENTIONS AND INVESTMENTS

The GOSS developed a Water Policy for Southern Sudan, which was passed in December 2007. The policy provides for the establishment of institutions at the central, state and county level, development of sub-sector strategies for rural water supply, urban water supply and water resources management, establishment of Budget Sector Working Groups, and creation of sector coordination mechanisms (GOSS 2009b).

The GOSS Ministry of Water Resources and Irrigation has plans for projects to reduce flooding, construct water harvesting facilities, rehabilitate and construct rural water supply and sanitation facilities, provide rehabilitation and management of irrigation facilities, and prepare plans and strategies for implementation of the Southern Sudan Water Policy (GOSS 2009b).

In the late 1990s and early 2000s, Sudan devolved some authority for management of water resources to local communities. The government transferred the operation and production of large- and medium-size irrigation schemes from state-operated enterprises to the farmers. In addition, it established a system of voluntary water users associations to manage the irrigation system below the minor canals level. The government also grouped, rehabilitated, and handed over the small-size pump schemes in the Blue Nile and the White Nile that had been run by the government. In North Kordofan, with the help of an NGO, local communities constructed 10 new reservoirs in the late 1990’s. Local communities formed management committees to manage the resource, including charging a fee for water use. In 2004 the Water Corporation of North Kordofan State passed a law bringing under its jurisdiction all reservoirs and the rights to fees for water. The case went to court, which ruled that the community owned the reservoirs. The Water Corporation agreed to recognize the authority of the local management committee, and the parties agreed to share proceeds for water sales (FAO 2005; Adams et al. 2006).

DONOR INTERVENTIONS AND INVESTMENTS 

USAID has supported the rural water supply and sanitation sectors, including capacity-building for rural water managers. USAID provided funding for the Water for Recovery and Peace Programme (WRAPP) which included activities to enhance the capacity of community water management, rehabilitate rural water supply systems, and develop urban water distribution programs and rainwater harvesting (ODI 2008; USAID 2007b).

The Council of Ministers of Water Affairs of the Nile Basin and the World Bank organized the Nile Basin Initiative, as discussed above. In Sudan, the Initiative has worked on flood preparedness, trans-boundary water quality issues, and wetlands protection (World Bank 2008b).

The World Bank oversees a multi-donor Rural Water Supply and Sanitation Project that increases access to safe water in Southern Sudan through borehole drilling and the development of water services infrastructure. The World Bank also supports community-driven investment projects such as the creation of water-user associations (World Bank 2008b).

UNICEF has provided assistance to strengthen water supply and sanitation in Southern Sudan (USAID 2007b).

3. TREES AND FORESTS

RESOURCE QUANTITY, QUALITY, USE AND DISTRIBUTION

Forests and woodlands make up roughly 35% of Sudan’s land area and are responsible for 13% of the country’s GDP. The country has a wide range of forests, reflecting regional variations in climate and soil. Desert and semi-desert trees and shrubs and riverine forests are found in the northern region of the country, with woodland savanna in the central and southern regions. Southern Sudan has some areas of tropical forests and teak and pine plantations surviving from colonial times. Most of the country’s forests are open or semi-open habitat. Four percent of Sudan’s land area is composed of forest reserves that receive a special level of protection and management. Forests and woodlands outside of Sudan’s official forest reserves are threatened by expanding agriculture and urbanization or are otherwise degraded through unsustainable exploitation to meet the country’s energy needs (FAO 2003).

Sudan’s forests are important sources of food, timber, firewood, and habitat. Fuelwood and charcoal supply 78% of the country’s energy needs. Forests also provide fodder for livestock, marketable non-wood products such as honey, gum arabic, tubers and roots, wildlife, and medicinal plants. Forests contribute to watershed quality by stabilizing off-site soil, reducing off-site sedimentation, reducing flood peaks on streams in small watersheds and replenishing groundwater and watercourses. The ecological-stabilization functions also protect hydropower and irrigation systems. Mangrove forests located along the Red Sea coast serve sink functions, holding excess nutrients and pollutants that could otherwise flow directly into coastal lagoons and coral reefs. In the northern deserts, trees stabilize sand dunes and provide shade (USAID 2007a; FAO 1999; Rahhal and Salam 2006; UNEP 2007).

Sudan is responsible for 80% of the world's gum arabic production and trade. The country exports 45,000 tons of gum arabic annually, and the crop accounts for an average of 17% of Sudan’s annual export earnings. Gum arabic is produced from the sap of the acacia senegal (hashab gum) and acacia seyal (talh gum) and is used as a non-toxic binder in a multitude of products, including food and pharmaceuticals. Gum arabic is used in the syrup for soft drinks, to make the adhesive on postage stamps, and for dyes and watercolors. The gum arabic industry provides a critical source of income for rural communities with forestland access (FAO 1993; FAO 1999; UNEP 2007).

Between 1990 and 2005, Sudan lost an estimated 12% of its forests, 8.8 million hectares. Most of the deforestation has occurred in the northern, eastern, and central regions of the country; most of Sudan’s remaining forests are located in the southern and central regions. The steady degradation and loss of Sudan’s forest is attributed to the population’s reliance on wood to meet energy needs, drought and desertification in the north, the expansion of mechanized agriculture, and the lack of effective forest governance (UNEP 2007; FAO 1999).

LEGAL FRAMEWORK

The 2002 Forests and Renewable Natural Resources Act governs forest rights and the use and management of forest resources in northern Sudan and areas subject to the jurisdiction of the GNU. The 2003 Timber Utilization and Management Act regulates the issuance of timber utilization contracts (UNEP 2007).

The GOSS 2009 Land Act extends to forest land and provides that forest land in southern Sudan belongs to the people of southern Sudan and shall be administered by the GOSS. The Land Act classifies as public land forests and wildlife areas formally identified as national reserves or parks. Community land is defined by the Land Act to include forest land that has been held, managed, or used by a specific community (GOSS 2009a).

A first draft of a new regional forestry policy was created for southern Sudan in 2006. The policy is under discussion and is considered to be in line with best practices for sustainable management. The policy includes a commitment to community involvement in forestry management and also seeks to encourage private-sector involvement in management and expansion of plantation resources (USAID 2007a).

Recognizing the significance of the country’s forest resources, the numerous threats to the forest land, and the potential for sustainable use of forest products, in 2002 the government of Sudan asked the FAO to provide support to revise the country’s forest policy and legal and institutional framework. The preparation of the policy statement was a participatory process that engaged and sought input from local communities, civil society, government and political parties, industry experts, and other stakeholders throughout the country. The final policy statement was completed in 2006. Consistent with the terms of the CPA, the policy provides for: (1) governance through a public forest authority (the Forests National Corporation) at the federal level and forest administrations at the state level; (2) managing the sector in a sustainable manner that contributes to poverty-eradication and increases rural people’s profits, incomes and environmental quality; (3) reversing the trend of forest-cover loss by facing and dealing with deforestation, desertification and environmental degradation problems; (4) maintaining the competitive advantage of the forestry sector; (5) including rural people, civil society, and other stakeholders in decision-making and benefits from the use and conservation of forest resources; (6) securing tenure for forestry lands and harmonizing and regulating stakeholder activities in the forestry sector; (7) developing job and income programs; and (8) preserving biodiversity (FAO 2006).

TENURE TYPES AND SECURITY

Forest tenure types include forest reserves (federal, state, and institutional), community forests, private forests (including corporate forests), and protected areas. In the region under the jurisdiction of the GNU, all unregistered forest land is considered state land over which the National Forests and Natural Resources Corporation has authority (UNEP 2007; FAO 2003).

Private entities, NGOs, and communities can apply for concessions for forest areas, including land in reserves. Licenses are required for the felling and exploitation of trees on forest land. If forest land is used for agricultural development, at least 10% of the total area of a rainfed scheme must be retained as forest as a shelter area. No less than 5% of the area developed for an irrigated scheme must be retained as forest area (UNEP 2007).

Exploitation of non-plantation timber resources requires a Timber Utilization Contract. The government must approve any transfer of rights under the contract and extracts a fine from the transferor. Timber utilization contracts can be lost due to inefficient exploitation or because the land is no longer deemed suitable for timber harvesting. In the latter case, the government allots another area for timber extraction (GOS 2003).

In southern Sudan, the 2009 Land Act recognizes community rights to forest land. A community’s use of forest land is governed by customary law and administered by traditional leaders and local government (GOSS 2009a).

GOVERNMENT AND CUSTOMARY ADMINISTRATION AND INSTITUTIONS 

The GNU’s Ministry of Agriculture and Forestry (MAF) is responsible for Sudan’s forest lands in the northern region. In 2002, the government renamed the National Forests Corporation (originally established in 1989) as the National Forests and Renewable Natural Resources Corporation. The Corporation is a semi-autonomous, self-financing organization responsible for: enforcement of the legislative framework governing forests; encouraging the establishment of forests and rangeland; intensifying afforestation; developing the production of gum arabic; and encouraging community participation in sustainable development. The Corporation has responsibility for conducting studies of forest resources, establishing forest reserves, advising on forest policy, and coordinating with relevant authorities on land use and investment. A 2006 UNEP assessment of the forestry sector found the Corporation’s organizational structure to be well-designed and the staff technically competent but lacking in support at the state and local level to support its authority and activities (UNEP 2007; GOS 2002).

The Government of Southern Sudan’s Ministry of Agriculture and Forests (MAF)’s Forestry Directorate oversees forest management in Southern Sudan. Each of the ten states in the South has its own Forest Department. The Departments have lacked resources and critical capacity-building (UNEP 2007; USAID 2007a).

GOVERNMENT REFORMS, INTERVENTIONS AND INVESTMENTS

The 2006 National Forestry Policy Statement recognizes several key factors in the sustainable management and use of the country’s forests, including improvement of pastoral systems to achieve sustainable grazing, adoption of a land-use plan, and development of mechanisms and institutions to address land conflicts. The policy statement provides that the National Land Commission and forestry sector will collaborate to promote the adoption of a new land tenure system that clarifies property rights on forest and range land and that will permit trade-offs of certain rights (individual and community title rights and right of disposal) in order to promote economic efficiency in land use. Reforms will be aimed at diminishing conflicts and increasing productivity and will be carried out with strict commitment to accountability, transparency and the provision of adequate information to all the stakeholders, including disadvantaged groups. The policy options will openly address the need to review overlaps and contradictions between customary and formal forest resources property-rights systems (FAO 2006).

Under the GOSS Agricultural and Forestry Policy Framework, the GOSS plans to rehabilitate and protect the country’s natural resources, including forests, water, and pastures, by mobilizing local communities, farmer associations, NGOs, and the private sector (USAID 2007a).

DONOR INTERVENTIONS AND INVESTMENTS

USAID’s Sudan Transitional Environment Program (STEP) was a US$ 5.8 million program than ran from 2005 to 2009 and was designed to develop an initial base of skills and institutional capacity for the environmental analysis and planning necessary for southern Sudan to conserve its natural and environmental resources while embarking on future economic and social development programs. The program included a forestry component to provide technical and financial assistance to the Kagelu Forestry Training Center. The program: prepared an Inventory and Management Plan for the Kagelu Forest Reserve, which may be used by the MAF to guide future forest management planning; conducted a workshop on forest concession procedures; conducted forest inventory training for MAF staff; and repaired the water system. The program also provided technical assistance on policies, laws and regulations enacted (MSI 2008; USAID 2010a).

In addition to its support for the development of the National Forestry Policy Statement, the FAO is engaged in activities to support the sustainable use of forest resources through the establishment of nurseries for reforestation, the production and use of fuel-efficient stoves to mitigate deforestation, and the development of fodder banks to improve grazing and pasture protection during dry seasons. The FAO has also begun developing community-based negotiation and mediation mechanisms for communities to manage natural resources. The Norwegian Agency for Development Cooperation (NORAD) provides support to the forestry sector including mapping and inventorying, capacity-building, and promotion of both private and community forestry (FAO 2008; IRG 2007b).

The Multi-Donor Trust Fund administered by the World Bank funds the Southern Sudan Support to Agriculture and Forestry Project, which aids the recovery of the forestry and agricultural sectors by introducing improved technologies and building the capacity of the Ministry of Agriculture and Forests. In addition to institutional development, the project will focus on creating new forestry and agriculture policies and regulations. A Community Forest Resources Management Program will support areas with significant forestry activities (World Bank 2008b; World Bank 2007).

4. MINERALS

RESOURCE QUANTITY, QUALITY, USE AND DISTRIBUTION

Sudan is rich in oil. Extensive petroleum exploration began in the mid-1970s and export began in 1999. Sudan’s current production is approximately 500,000 barrels per day, and it is expected that the oil industry will soon rival agriculture in importance. As of 2007, Sudan was Africa’s sixth-largest oil producer and third-largest oil exporter. Sudan also has significant gas reserves (about 3 trillion standard cubic feet) and in central Sudan produces gas as a by-product of oil production. Most of the oil reserves in Sudan are in the southern and central regions, and control over the natural resources and the proceeds from oil extraction has been one of the major causes of conflict in the country (USAID 2005; FAO 2003; IRG 2007a; Alden Wily 2008; USDOS 2009a).

As of mid-2006, the principal oil and gas production facilities in Sudan included: (1) production wells and initial treatment complexes in the fields of Heglig (Southern Kordofan), Bentiu (Unity state), Thar Jath, Muglad and Adar (Upper Nile state); (2) four crude oil export pipelines connecting the fields to Port Sudan; and (3) a marine oil export terminal at Port Sudan. In 2006, Sudan’s commercially-recoverable oil reserves were between 500 to 800 million barrels. Based on exploration completed, total oil reserves were estimated to be up to 8 billion barrels. Much of Sudan, and particularly central and southern Sudan, has large unexplored areas that have the potential to hold significant oil reserves, and large-scale oil exploration is anticipated (UNEP 2007).

Until 2000, Sudan’s oil sector did not consider environmental issues in the development of projects or the operation of project sites. The industry operated without much government oversight or scrutiny and little if any public consultation. Environmental governance of the sector continues to be weak. Roads are cut through forests and remote areas, causing erosion and flooding and providing access for illegal timber harvesting. Chemicals and effluent discharges are poured directly into waterways. The large concessions allocated by the government for petroleum prospecting and extraction suffer from deforestation and contamination of soil and water (UNEP 2007; FAO 1999).

In addition to oil and natural gas, Sudan also has deposits of gold, silver, chrome, copper, iron, manganese, asbestos, gypsum, mica, limestone, marble, and uranium. Gold has been mined in the Red Sea Hills and along the border with Uganda. (GOS 2008; Photius 1991).

LEGAL FRAMEWORK 

The legal framework governing minerals in Sudan is in transition. The 1998 Constitution provided that all natural resources, including those under the ground, are public property governed by the state. The 2005 Interim Constitution of Sudan and 2005 Constitution for Southern Sudan do not assert the rights of the state to minerals, and provide limited details on management of the petroleum sector. The Interim Constitution of Sudan requires that sustainable utilization of oil as a non-renewable natural resource be consistent with the national interest and the public good, the interests of the affected states and local population in affected areas, and national environmental policies, biodiversity conservation guidelines, and cultural heritage protection principles. The Interim National Constitution and Constitution of Southern Sudan call for a detailed framework for the management and exploitation of minerals to be established during the interim period (GNU 2005; GOSS 2005; Shanmugaratnam 2008; Alden Wily 2008).

The GOSS 2009 Land Act states that the GOSS shall own, regulate, and manage all subterranean resources in southern Sudan. The Land Act defines subterranean resources to include any substances occurring naturally (that were formed by or subjected to a geological process) in or under the earth or water, along with any minerals occurring in residue stockpiles or deposits, including water taken from the land or lakes for the extraction of minerals (GOSS 2009a).

Under the 2005 CPA, communities have the right to participate in contract negotiations for the development of resources located on their land. In practice, meaningful consultations do not occur and customary rights to valuable subterranean resources are rarely recognized. Rather, the existence of these resources often results in the displacement of customary users (Shanmugaratnam 2008; Alden Wily 2008).

TENURE TYPES AND SECURITY 

Joint ventures of Chinese, Malaysian, and Sudanese state-owned companies lead the exploration and exploitation of Sudan’s oil resources. Most petroleum refineries are state-owned or joint ventures. Individuals holding land rights are entitled to equitable compensation for the acquisition or development of land for the extraction of subterranean natural resources (Yager 2008; GOSS 2005).

The 2005 Comprehensive Peace Agreement provides that existing oil contracts are not subject to re-negotiation, although persons whose property rights were violated can seek compensation. The Sudanese People’s Liberation Movement (SPLM) claimed that oil contracts were made against the will of local communities that had owned the land under customary communal tenure. In some areas of the country, oil resource development is a cause of land-taking and displacement (Shanmugaratnam 2008; GOS 2005).

The CPA and the Interim National Constitution provide for equitable sharing of oil revenue among oil-producing states. Under the terms of the CPA, at least 2% of net oil revenue is allocated to the state or region in which oil is produced. Under the Abyei Protocol, 2% of oil revenue will be allocated to the Ngok Dinka tribal group. Remaining revenues from oil produced in the South are divided equally between GNU and GOSS, while those from oil produced in the North accrue exclusively to the GNU. Transfers of oil revenue to the central and state levels have taken place since 2005. According to a GOSS Ministry of Finance and Economic Planning report, Sudan’s total oil revenue from oil resources in Southern Sudan in 2009 was US $2.5 billion, of which GOSS’s share was US $1 billion (UNMIS 2010; World Bank 2008b).

GOVERNMENT AND CUSTOMARY ADMINISTRATION AND INSTITUTIONS 

The GNU Ministry of Energy and Mining and GOSS Ministry of Industry and Mining are responsible for the minerals sector. Sudan’s 2005 Interim Constitution establishes a National Petroleum Commission made up of representatives of the National and Southern governments, and responsible for policy development, oversight of policy implementation, and negotiation and approval of oil contracts (GOS 2005; UNEP 2007).

GOVERNMENT REFORMS, INTERVENTIONS AND INVESTMENTS

Sudan has established several institutions to monitor exploitation and revenue-sharing, including the National Petroleum Commission and the Fiscal and Financial Accounting Management Commission (USAID 2005).

DONOR INTERVENTIONS AND INVESTMENTS

USAID has provided assistance in tracking the flow of oil revenues, as well as related capacity-strengthening to the Government of Southern Sudan to help budgets and expenditures. As part of the Sudan Transitional Environmental Program (STEP), implemented in Southern Sudan between 2005 and 2009, USAID completed a Scoping Statement for Petroleum Environmental Standards, and conducted trainings for government personnel on adverse environmental impacts of the petroleum sector (USAID 2005; USAID 2009).