Customary ownership and control of land is an essential component of any consideration of land tenure and access in South Sudan and Africa in general. Customary traditions of land tenure emphasize moderate use, restoration, and community health and prosperity. Returnees to South Sudan access land primarily through the customary system. Yet, many returnees are subjected to corrupt practices or are simply unaware of their rights both within and beyond the customary systems. Displaced women are particularly vulnerable.

The following study combines literature review of customary traditi ons of land tenure with a three – week field study in three states of South Sudan: Northern Bahr el Ghazal, Warrap and Central Equatoria. The purpose of the study is to document current practices in customary land allocation and dispute resolution to inform NRC programming that supports returnee and other vulnerable populations to access land and gain greater control over their land. The study revealed a complex, dynamic, constantly evolving state of plural land tenure systems. Traditional systems of land tenure have changed in many parts of the study area due to increased pressure on land and the interests of the government in owning and controlling greater areas of land. Surveying and titling efforts have interrupted traditional patterns of land use and created opportunities for both rent-seeking and inequitable distribution of land, with a disproportionate number of the victims being returnees or women.