CSCNR: 30 Malakal Land Registration Conflict Victims Receive Documents

• Thirty land registration documents were recently distributed to vulnerable residents in Malakal, Upper Nile State, who lost their papers during conflict.
• The Coalition of Civil Society on Natural Resources, alongside partners, spearheaded this effort to enhance property rights and reduce land disputes.
• The initiative is grounded in the South Sudan Land Act 2009, with Section 78(1) specifically enabling the restitution of land rights for those involuntarily displaced by conflict.
• Beneficiaries, including widows and IDPs, still face challenges such as insufficient funds for home construction and high registration fees.
• Community members are advocating for expanded assistance, reduced fees, and improved infrastructure to support land tenure security and dispute resolution.

This specific provision is designed to rectify losses incurred during the civil war that commenced in 1983, providing a legal pathway for Malakal land registration conflict victims to reclaim their rightful property.

The Coalition of Civil Society on Natural Resources (CSCNR), in partnership with Norwegian People’s Aid (NPA) and local state authorities, has successfully distributed 30 land registration documents to vulnerable residents in Malakal, Upper Nile State. These recipients are Malakal land registration conflict victims who had lost their original paperwork due to years of displacement and civil unrest. The initiative forms part of a broader strategy to bolster property rights and mitigate land-related disputes within the region.

The program specifically targeted individuals identified as particularly susceptible, including widows, orphans, the elderly, internally displaced persons (IDPs), returnees, and people with disabilities. Charles Judo, chairperson of the CSCNR, confirmed that 30 eligible residents, whose land registration documents were lost during periods of conflict and displacement, underwent a thorough processing procedure before receiving their new titles. This effort aims to enhance land tenure security, prevent future conflicts, and foster peaceful coexistence among communities profoundly affected by prolonged instability.

The legal foundation for this restitution effort is rooted in the South Sudan Land Act 2009, a critical piece of legislation governing land acquisition, ownership, and access across the nation. Chukwan Philip, whose current role could not be verified, was previously a director general within the Ministry of Roads, Bridges and Physical Infrastructure. He highlighted the Act's provisions during an awareness campaign. The law formally recognizes various forms of land tenure, including customary, freehold, and leasehold arrangements, and ensures access to land for essential uses such as housing, cultivation, and grazing, all subject to regulatory oversight.

Crucially, Section 78(1) of the South Sudan Land Act 2009 directly addresses the restitution of land rights for individuals who suffered involuntary displacement. This specific provision is designed to rectify losses incurred during the civil war that commenced in 1983, providing a legal pathway for Malakal land registration conflict victims to reclaim their rightful property. The implementation of this section in Upper Nile State signals a significant step towards formalizing land ownership and resolving long-standing claims, thereby strengthening Upper Nile State land tenure security.

Beyond the immediate distribution of documents, the initiative included an awareness session attended by 44 individuals, comprising community leaders, IDPs, returnees, youth, and women’s groups. Participants engaged in discussions concerning land ownership, effective land management practices, and mechanisms for Malakal land dispute resolution. This educational component is vital for empowering residents with knowledge of their land rights and responsibilities.

Despite the positive impact, residents have voiced a need for expanded assistance. Many called upon the Coalition of Civil Society on Natural Resources and its partners to extend similar support to a greater number of individuals who have lost their land registration documents. Concerns were also raised regarding the financial burden of formalizing land ownership, with pleas directed at the ministry to reduce registration fees. Martin John, a beneficiary, acknowledged the help received but pointed out that a lack of financial resources continues to hinder residents from constructing permanent homes. He urged non-governmental organizations to provide support for housing construction and to clear roads in the Luakat area to improve accessibility and security. Further recommendations included broadening land rights awareness campaigns, constructing shelters for vulnerable households, establishing additional police posts, and equipping the ministry with surveying tools to bolster its land administration capabilities, all contributing to comprehensive land rights restitution South Sudan.

Lawyers advising on property law or humanitarian efforts in South Sudan should note the active implementation of the Land Act 2009, particularly Section 78(1), to restore land rights for conflict-displaced persons in Upper Nile State. This initiative signals a commitment to formalizing land ownership and resolving historical claims, which could impact future land transactions, dispute resolution, and due diligence requirements in the region.

Source: Original reporting via local civil society organizations and government sources.