Land Reform and Conflict in South Sudan: Evidence from Yei River County

Justin, Peter Hakim; Dijk, J.W.M. van

doi:10.1177/000203971705200201

Cited by 6 publications

(4 citation statements)

References 20 publications

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“…Diverse studies acknowledge the agency and the capacity of migrants to strategically challenge post-war land tenure authority structures and sources of legitimacy [5,32,42,43]. In ethnically diverse settings, competition over land is likely to be perceived locally in terms of higher-level contestations about identity, belonging, land control and authority, which may fuel broader political mobilisation and controversy [2,44]. As the data will show, land claimants, local government authorities, land restitution officials and powerful politicians are key players in shifting the power dynamics to influence local land restitution.…”

Section: Theoretical Framework: Researching Post-war Land Restitutionmentioning

confidence: 99%

Ambiguous Outcomes of Returnees’ Land Dispute Resolution and Restitution in War-Torn Burundi

Tchatchoua-Djomo

Dijk

2022

Land

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Redressing land dispossession in the aftermath of violent conflicts is daunting and complex. While land dispute resolution and restitution are expected to promote return migration, this outcome is contingent upon the changing social, economic and political conditions under which return takes place. Drawing on qualitative data from Makamba Province in southern Burundi, this case study highlights the politically and historically shaped challenges underlying the resolution of competing and overlapping claims on land following protracted displacement. These include the undocumented and fluid nature of customary land rights, institutional and legal pluralism and shifting land governance relations. This paper emphasises the centrality of the state in regulating returnees’ land dispute resolution and restitution processes. Violent conflicts and forced migration have enabled the state to expand its control over customary land tenure. The gradual exclusion or replacement of local authorities has shaped a competitive structure of jurisdictions and confused authority over land. National land restitution commissions have been used by the central government to shape land tenure and state–citizen relations and to exert pressure on land tenure institutions. Addressing competing claims on land following armed conflicts may fail if attendant struggles over public authority and changing political dynamics are insufficiently considered.

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Section: Theoretical Framework: Researching Post-war Land Restitutionmentioning

confidence: 99%

Ambiguous Outcomes of Returnees’ Land Dispute Resolution and Restitution in War-Torn Burundi

Tchatchoua-Djomo

Dijk

2022

Land

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“…Due to war-time displacement and migration, communities in Yei represent an amalgam of different groups claiming the right to land and to settle in the city, each with different political allegiances and their own leadership. Amongst them, there is no agreement on overarching leadership, property norms, or procedures for dispute settlement [32]. This leads to continuous tensions and competition amongst customary authorities and between customary authorities and the state, often at the expense of customary authority [33].…”

Section: Land Governance Actors Lack Capacity And/or Legitimacymentioning

confidence: 99%

War-Induced Displacement: Hard Choices in Land Governance

Haar

Leeuwen

2019

Land

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Civil war and violence often force large numbers of people to leave their lands. Multiple waves of displacement and (partial) return generate complex overlapping claims that are not easily solved. As people return to their regions of origin—sometimes after decades—they tend to find their land occupied by other settlers, some of whom hold legal entitlements. In the places of arrival, displaced people affect other people’s access as they seek to turn their temporary entitlements into more definite claims. The overlapping claims related to displacement pose serious dilemmas to land governance, which existing land laws and land governance institutions are not well-equipped to deal with. This paper outlines the main challenges for land governance as a first step to move the debate forward. The paper summarises the key challenges around three tensions: first, between short term conflict resolution and structural solutions; second, between state and customary/community-based governance; and finally, between principles (such as the right to return or restitution) and acknowledgement of the new situation.

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“…Its importance was due to the historical link between power politics and land administration, especially colonial policies, and the encroachment on land rights of South Sudanese rural communities by the Khartoum government, which became one of the main issues of the civil wars. 1803 Additionally, many people in South Sudan were heavily dependent on land ownership to fulfill their most basic needs such as food and accommodation. 1804 Land reform therefore became one of the main political goals after 2005.…”

Section: B) Land Rightsmentioning

confidence: 99%

Chapter IV: State Practice on Acquired Rights

Reimold

2024

Continuity in Times of Change

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Also the "unification" of North and South Vietnam in July 1976 is outside the scope of this work. 1079 Sterio (n 392) 72-77 even considers Eritrea and East Timor as "historically remote" instances of secession. Chapter IV: State Practice on Acquired Rights 1080 On the annexation of Crimea Walter, 'Postscript' (n 386) especially 310; Marxsen (n 386), 380-391. 1081 See supra, Chapter II B) IV ). Mere de-facto regimes are also not included, cf. Sterio (n 392) 78-92. 1082 See in more detail Carsten Stahn, 'The United Nations Transitional Administrations in Kosovo and East Timor: A First Analysis' (2001), 5(1) Max Planck Yrbk UN L 105 110-115. 1083 See, in comparison especially with East Timor, ibid 121. However, some of the consequences of Namibia's independence from South Africa for its domestic legal order will be explained when talking about the transfer of the territory of Walvis Bay. A) Preliminary Remarks 1084 See Degan (n 2), 142 who considers successions taking place after 1990 as having a distinct character. 1085 General Framework Agreement for Peace in Bosnia and Herzegovina (14 December 1995) UN Doc. A/50/790-S/1995/999, in more detail infra, Chapter IV ) B) IV ) e).

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Land Reform and Conflict in South Sudan: Evidence from Yei River County

Cited by 6 publications

References 20 publications

Ambiguous Outcomes of Returnees’ Land Dispute Resolution and Restitution in War-Torn Burundi

Ambiguous Outcomes of Returnees’ Land Dispute Resolution and Restitution in War-Torn Burundi

War-Induced Displacement: Hard Choices in Land Governance

Chapter IV: State Practice on Acquired Rights

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