With governance increasingly regarded as co-governance, states’ capacity to steer, correct, and discipline a wide range of self-governing actors becomes crucial for states’ effectiveness, efficiency, and democracy. This article investigates that capacity and the relationship between formal institutions and customary self-governance in areas of limited statehood. In South Sudan, the field of land governance can be regarded as an area of limited statehood. As land relations are closely connected to clan structures and intra-familial relationships,…
repository
CSRF Research Repository
The CSRF Research Repository aims to support greater contextual knowledge for policy makers, programme managers, and implementers by providing a searchable repository of research, analysis, and resources, and providing periodic updates on new research and analysis.
This paper discusses the legal framework of the traditional justice methods in several African countries, with a focus on South Sudan; the objective of customary law, the role of traditional courts or the forum of elders, and the methods of settlement of disputes. These methods of settlement of disputes are by-products of the practices, customs and traditions of the people that were devised as ways of maintaining peace and tranquillity, and thereby uphold the rule…
This report explores the underlying factors of land disputes and boundary conflicts; by shifting away from the national legislation and policy, it looks at changing land values, patterns of decentralisation and local hybrid ssystems of land governance as explaining factors.
This policy brief explores various options to consider in expanding the reach of justice and accountability processes as part of any post-conflict transition in South Sudan. Download
The preliminary findings presented in this paper are intended to stimulate research and debate on the needs and opportunities for justice and reconciliation in South Sudan. The sample size of the pilot survey presented in this report is 163 respondents, and drawn from Kator, a payam (or administrative district) in Juba. High incidence rates for violent crimes were evident in the sample population. 41% of the respondents said that they or a household member had…
This study seeks to examine how structural factors, customary laws and traditional practices, and economic hardships shape women’s status and hinder their effective participation in leadership positions in South Sudan. By doing so, the study identifies some of the socio-cultural, economic, legal, educational and political conditions, which lead to gender inequality in South Sudan. It proposes strategies for addressing gender disparities in many aspects of South Sudanese society for the betterment of women’s condition, and…
This briefing paper from 2013 demonstrates the different challenges that land access, use, and management systems present to food security throughout the country. Although ongoing food insecurity is driven by a number of interdependent factors, interventions in agricultural production and dispute resolution at the policy and project levels have largely ignored the fundamental challenges posed by overlapping customary and statutory land tenure systems. Download
This report presents findings from an assessment that the South Sudan Law Society (SSLS) conducted on the accessibility of local justice systems across six rural counties of South Sudan. The assessment included a comprehensive household survey that examined the legal needs of populations residing in the six counties and the legal services that are available to service those needs and numerous interviews with local justice service providers and users. Download
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…
This report (2011) summarizes the approach, methodology, results and recommendations of a recent study on the administration of justice for GBV cases in the customary courts of South Sudan. The study is not an attempt to document customary laws or an anthropological study on culture, but instead captures actual results and punishments for GBV, documents good practices, and explores areas of needed reform. Download
Curious to broaden your search to Sudan?
Try our sister facility CSF