understanding land investment deals in africa - Oakland Institute

Questions Surrounding the Availabilityof LandThere is a general assumption among both SouthSudanese and foreigners looking to do business inthe country that there are large amounts of unused,and therefore available, land in South Sudan. Usingthe population figure of 8.26 million, the countryhas a population density of 13.3 people per squarekilometer. That is a relatively low population density,roughly equivalent to that of Norway or the DemocraticRepublic of Congo (DRC). Indeed, a recent satelliteland cover survey by the FAO indicates that only 4.5percent of South Sudan’s land area is currently undercultivation, supporting the idea that land is underusedin South Sudan. 41There are at least three reasons why the assumptionthat land is abundant must be scrutinized. First, thereare land uses in South Sudan that are not immediatelyapparent to the casual observer. Many communitiespractice shifting cultivation, and an area that looks likenatural forest may actually be a field that is left fallowfor a number of years, sometimes up to a decade ormore, until it is ready to be planted again. South Sudanalso has one of the largest populations of pastoralistsin the world, 42 and rural communities may designateseemingly unoccupied areas for seasonal use bypeople and livestock. There are even some grazinglands that pastoralist communities use only in timesof great hardship, such as during famine or drought. Ifcommunities are denied access to these resources, itcould have far-reaching impacts on food security andlivelihoods for local populations.Second, aside from the question of non-apparent landuses, one must distinguish between land use and landownership. South Sudan is home to some 65 ethnicgroups whose territories span the entire region. 43 Thereis no terra nullius, or no man’s land, in South Sudan.The RSS has put in place a land administration systemwhereby communities defined mainly in terms of tribaland sub-tribal affiliation own all land that is held undercustomary land tenure. This applies to virtually all ofthe rural land in South Sudan. The government’s landholdings are limited to a handful of national parks,wildlife reserves, forest reserves, and pre-war agroindustrialcomplexes. Most of these areas were gazettedby either the British colonial administration or thenational government in Khartoum prior to the signingof the CPA. Therefore, even if there is land in SouthSudan that is unused or underused, in the majorityof cases that land still belongs to a community andthe community’s ownership rights must be respectedunder South Sudanese law.Finally, given the complexity of displacement andmigration patterns in South Sudan, it is often difficultto determine which areas of the country are populated.Many communities were displaced from their ancestralhomelands during the war and now, in the postwarperiod, expect to return to their homes to rebuild theirlives. In other situations, displaced communities maychoose to permanently settle in their new locations.Without a firm understanding of local histories and themovement of local populations over time, it is difficultto determine the importance of specific areas to hostcommunities and whether they are in fact abandonedor merely left temporarily vacant.Teak nursery at ETC’s project in Nzara County, Western Equatoria StateThe Oakland Institute understanding land investment deals in africa: south sudan | 11