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30 Maggie Ficke, “South Sudan Gains Independence, Becomes New Nation,”Associated Press, 9 July 2011.31 According to the South Sudan Development Plan, there is no othercountry in the world that is as dependent on a single volatile commodity.Republic of South Sudan (RSS), South Sudan Development Plan2011-2013: Realizing Freedom, Equality, Justice, Peace and Prosperity for All,Council of Minister’s Draft, 5 July 2011, p 48.32 “Sudan: South Sudan to Pay Khartoum Oil Fees in Arrears, MullsMobile Refineries,” Sudan Tribune, 10 September 2011, http://www.sudantribune.com/South-Sudan-to-pay-Khartoum-oil,40102 (accessed27 September 2011).33 Jeffrey D. Sachs and Andrew M. Warner, “Natural Resource Abundanceand Economic Growth,” Working Paper No. 5398, National Bureau ofEconomic Research, December 1995.34 RSS, South Sudan Development Plan, op. cit., p 49.35 FAO and the World Food Program (WFP), Crop And Food SecurityAssessment Mission to Southern Sudan, 2011, http://www.fao.org/docrep/013/al973e/al973e00.htm(accessed 27 September 2011).36 FAO, “Focus: FAO in Southern Sudan,” September 2010.37 Ibid. See revised figure for 2009 net cereal production in FAO andWFP, Crop and Food Security Assessment.38 “S. Sudan Targets 2m Metric Tonnes of Food after Independence,”Sudan Tribune, 6 July 2011, http://www.sudantribune.com/S-Sudantargets-2m-metric-tones-of,39443(accessed 27 September 2011).39 Ministry of Agriculture and Forestry, GoSS, Agriculture and ForestryPolicy Framework, 2007 (on file with author).40 Mamer Kuer Ajak, South Sudanese farmer, direct communication, 20August 2011.41 Femi Adewunmi, “Only 4.5% of South Sudan’s Land Currently UnderCultivation,” 25 July 2011, http://www.howwemadeitinafrica.com/only-4-5-of-south-sudans-land-currently-under-cultivation/11333/ (accessedSeptember 2011).42 Before the secession of South Sudan, Sudan as a whole was tied withSomalia for having the world’s largest population of pastoralists. Eachcountry had a population of 7 million pastoralists. Nikola Rass,“Policies and Strategies to Address the Vulnerability of Pastoralists inSub-Saharan Africa,” Pro-Poor Livestock Policy Initiative (PPLPI), FAO,Working Paper No. 37, 2006, http://www.reliefweb.int/rw/lib.nsf/db-900SID/LTIO-6UHRZJ?OpenDocument (accessed 27 September 2011).43 United Nations Office for the Coordination of Humanitarian Affairs(UN OCHA), Map Showing Ethnic Groups in Sudan, 2009,http://www.unsudanig.org/library/mapcatalogue/south/data/population/SS_0132a_Ethnic_Groups_A1_20091224_300_1.pdf(accessed 27September 2011).44 Established in 1992, Bandingilo hosts the world’s second largest annualanimal migration, involving multiple species of antelope, whichcross the Nile at two locations near Mangala.45 Liz Alden Wily, “Whose land are you giving away, Mr. President?” Paperpresented at the Annual World Bank Land Policy & AdministrationConference, Washington D.C., 26-27 April 2010.46 The Land Act requires that state authorities provide approval for landacquisitions above 250 feddans (105 hectares) and calls for regulationsto be put in place that prescribe a ceiling on land allocations. Land Act,ch. V, § 15 (5) (6).47 Although the Land Act allows for long-term leases of up to 99 years,the Investment Promotion Act explicitly limits foreign investments inagriculture and forestry to renewable terms of 30 and 60 years, respectively.Land Act, ch. IV, § 14; Investment Promotion Act, 2009, SecondSchedule(3).48 The Land Act requires public and private parties to conduct environmentaland social impact assessments (ESIAs) prior to engaging in anyactivities that might affect the people or the environment. Land Act, ch.XI, § 70(3).49 Both the Land Act and the Local Government Act require that the governmentconsult with local communities and take into considerationtheir views on decisions related to community land. Land Act, ch. IX, §63(3); Local Government Act,2009, ch. IX, § 89.50 The Land Act gives special protection to pastoralists, stating: “[N]o person shall without permission… carry out any activity on thecommunal grazing land which may prevent or restrict the residents ofthe traditional communities concerned from exercising their grazingrights.” Land Act, ch. X, § 67.51 Ibid. ch. II, § 8(6).52 Ibid. ch. III, § 11(2)(b).53 Ibid. ch. IX, § 63.54 Ibid. ch. V, § 15.55 Upon completion of the investment, according to the Land Act, theleased land must revert back to the community. Ibid. ch. VI, § 27(7).56 Ibid. ch. V, § 15.57 Southern Sudan Land Commission (SSLC), GoSS, Draft Land Policy,2011.58 Ibid. 22.59 Local Government Act, ch. IX, § 91(3)(g).60 Bukulu Edward, Speaker, Western Equatoria State Legislative Assembly,direct communication, May 2011.61 In 2011, the government’s annual budget stood at a little less thanUSD 1.5 million, 98 percent of which comes from its share of SouthSudan’s oil revenue. “South Sudan to Mobilize USD 500 Billion for FutureInfrastructure Development, Machar,” Sudan Tribune, 29 June 2011,http://www.sudantribune.com/South-Sudan-to-mobilize-500,39378(accessed 27 September 2011); “South Sudan’s VP and US diplomatdiscuss foreign investment after independence,” Sudan Tribune, 2 July2011, http://www.sudantribune.com/South-Sudan-s-VP-and-US-diplomat,39402(accessed 27 September 2011).62 Julien Barbara, “Nation Building and the Role of the Private Sector asa Political Peacebuilder,” Conflict, Security & Development, December2006, p 582.63 For example, the Mayom Declaration, in which Peter Gadet announcedhis rebellion against the government of South Sudan, states: “[O]urentire nation has witnessed rampant corruption on the top echelon ofGOSS. …Little wonder that the more than 20 billion dollars of oil revenuereceived by GOSS could not be seen in terms of tangible servicesdelivery in areas such as health, education, water, etc. …These leadersof GOSS continue to siphon off the meagre resources of the Southbleeding our people dry. Who is now the enemy of our people?” SouthSudan Liberation Army (SSLA), Mayom Declaration (April 2011), http://www.sudantribune.com/The-Mayom-Declaration,38605 (accessed 27September 2011).64 Paul De Wit, “Land Policy Development in Post-Conflict Sudan: Dealingwith Delicate Balances in a Fluid Environment,” Communicationto the World Bank Conference on New Challenges for Land Policy andAdministration: Session “Land administration in post disaster andconflict environments,” Washington, 14-15 February 2008, p 13.65 Ministry of Agriculture and Forestry, GoSS, Food and Agriculture PolicyFramework, 2006.66 Steve Lawry, “A New Start for Southern Sudan,” Mokororo Newsletter55, February 2011, p 2.67 RSS, Development Plan, op. cit., p 17.The Oakland Institute understanding land investment deals in africa: south sudan | 45
68 “South Sudan Launches Private Sector Development Programwith World Bank Group,” Sudan Tribune, 28 Feb. 2011, http://www.sudantribune.com/South-Sudan-launches-private,38131 (accessed 27September 2011).69 United States Agency for International Development (USAID), “SouthSudan’s Greenbelt,” Frontlines, September/October 2011, http://www.usaid.gov/press/frontlines/fl_sep11/FL_sep11_SUDAN_AGRICULTURE.html (accessed 4 October 2011).70 For instance, important laws for the regulation of the private sectorsuch as the Labor bill and the new Companies bill have not yet beenenacted. World Bank and the International Finance Corporation (IFC),Doing Business in Juba, 2011, p 9.71 Lease Agreement between Mukaya Payam Cooperative and Nile Trading& Development, 11 March 2008 [hereinafter Nile Trading, LeaseAgreement]; Tristan McConnell, “The Secret Sale of a Country,” Timesof London, 2 July 2011, 41; “Sudan: The Scramble for the South,” AfricaConfidential 52, no. 7, 1 April 2011; Deng, The New Frontier, op. cit.;Oakland Institute, Nile Trading and Development, Inc. in South Sudan,Understanding Land Investment Deals in Africa, Land Deal Brief, June2011, http://media.oaklandinstitute.org/land-deal-brief-nile-trading-anddevelopment-inc-south-sudan(accessed 27 September 2011); Agencyfor Independent Media (AIM), Southern Sudan Land Grabs: A Case onMukaya Payam Land Issue, unpublished work, research carried out by J.Lomerry and L. Banak, commissioned by Oxfam International, October2010); Oxfam, “Land and Power,” Briefing Paper, 22 September 2011,http://www.oxfam.org/en/grow/policy/land-and-power (accessed 27September 2011).72 Howard Douglas, interview with BBC, July 2011; Directorate of LandsAdministration and Physical Planning, Ministry of Physical Infrastructure,Central Equatoria State, Government of Southern Sudan (GoSS),Lease Agreement, Red: MPI/DLAc&PP/CES/38.A, 6 October 2008[hereinafter GoSS, Lease Agreement].73 Nile Trading, Lease Agreement, op. cit.74 GoSS, Lease Agreement, op. cit.75 Group discussion, Mukaya Payam, direct communication, 24 June2011; Communication from Mukaya Payam Leaders to the Governor ofCentral Equatoria State, Subject: Mukaya Payam Petition on 49 YearsLand Lease, 23 July 2011.76 Communication from David P. Neimann, President, Nile Trading &Development to Major General Clement Wani Kongo, Governor, CentralEquatoria State, May 2, 2008.77 GoSS, Lease Agreement, op. cit.78 Local government official, direct communication, 23 June 2011.79 Kinyeti Development, “About Kinyeti,” http://kinyeti.com/index.php?option=com_content&view=article&id=61&Itemid=79 (accessed27 September 2011).80 Kinyeti memo, Kinyeti Development LLC Initiatives South Sudan 2011[hereinafter Kinyeti Development Initiatives].81 Ibid.82 Ibid.83 AIM, Southern Sudan Land Grabs, op. cit.84 According to a state official from Mukaya Community, Scopas Onjeand James Hosia are cousins and Samuel Taban is their cousin onceremoved.85 Communication from Bullen A. Soro Elioba, Chairman, MukayaCommunity-Juba, to Charles Manuel Jongo, Minister of Agriculture andForestry, Central Equatoria State, Re: Lease of Mukaya Payam Land forAgro-Foreestry Projects, 8 September 2008.86 Communication from Elioba to Jongo, 2008.87 Ibid.88 According to the paramount chief, “The document was drafted fromJuba, and brought here after the people already signed. They broughtthe document to me and said, ‘You sign here.’” Group discussion,Mukaya Payam, direct communication, 24 June 2011.89 Ibid.90 Ibid.91 Juma John Stephen, “Agriculture Minister Injured in Gun Attack inWondoruba,” Gurtong, 17 November 2009, http://www.gurtong.net/ECM/Editorial/tabid/124/ctl/ArticleView/mid/519/articleId/2519/Agriculture-Minister-Injured-in-Gun-Attack-in-Wonduruba-Payam.aspx(accessed September 2011).92 Group discussion, Mukaya Payam, op. cit.93 Howard Douglas, CEO, Kinyeti Development , August 4, 2011.94 Communication from Mukaya Payam Leaders, op. cit.95 Ibid.96 Waakhe Simon Wudu, “Mokaya Payam Leaders Reject 600,000haLand Lease,” Gurtong, 15 August 2011, http://www.gurtong.net/ECM/Editorial/tabid/124/ctl/ArticleView/mid/519/articleId/5582/Mokaya-Payam-Leaders-Reject-600000Ha-Land-Lease.aspx (accessed 27September 2011).97 Business Daily, “AngoGold shows interest in South Sudan mineralpotential,” 16 October 2011.98 Management and Development of Teak Plantation Agreement betweenthe GoSS (Ministry of Agriculture and Forestry), on one party, andEquatorial Teak Company Limited, Western Equatoria State, Yambio, onthe other, 28 June 2006, [hereinafter Equatoria Teak Agreement]; Managementand Development of Teak Plantation Agreement between theGoSS (Ministry of Agriculture and Forestry), on one party, and EquatorialTeak Company Limited, Central Equatoria State, Juba, on the other,23 November 2007, [hereinafter Central Equatoria Teak Agreement].99 Johnson Ezibon, Director of Forestry, Western Equatoria State Ministryof Agriculture and Forestry, direct communication, 26 July 2011; BernadoKpasira, Parliamentarian, RSS parliament, direct communication,27 July 2011.100 Timothy Thwol, Director General of Forestry, RSS Ministry of Agricultureand Forestry, direct communication, 8 August 2011; Ezibon, op. cit.101 Andrew McSkimming, Policy Analyst, Commonwealth DevelopmentCorporation (CDC) and Development Finance Institutions (DFIs),Private Sector Department, Department for International Development(DFID), direct communication, June 29, 2011; Thwol, op. cit.; Ezibon,op. cit.; Bukulu Edward, Speaker, Western Equatoria State LegislativeAssembly, direct communication, 29 July 2011.102 CDC website, http://www.cdcgroup.com/overview.aspx (accessed 27September 2011).103 Andrew McSkimming, Policy Analyst, Commonwealth DevelopmentCorporation (CDC) and Development Finance Institutions (DFIs),Private Sector Department, Department for International Development(DFID), direct communication, June 29, 2011.104 According to a 2004 report by the Bois et Forêts des Tropiques, theCDC identified a global shortfall in the supply of natural teak as far backas 1992. It then set up a company in Tanzania called the KilomberoValley Teak Company (KVTC) to engage in timber production and harvestingfor international markets. Chris Bekker, Warren Rance, OlivierMonteuuis, “Teak in Tanzania: II. The Kilombera Valley Teak Company,”Bois et Forets des Tropiques, no. 279(1), 2004.105 Timothy Thwol, Director General of Forestry, RSS Ministry of Agricultureand Forestry, direct communication, 8 August 2011.106 Evaluation of the USAID-Sudan Sudan Transitional EnvironmentProgram (STEP), Implemented by International Resources Group(IRG), http://pdf.usaid.gov/pdf_docs/PDACM088.pdf (accessed 27September 2011).107 McSkimming, op. cit.The Oakland Institute understanding land investment deals in africa: south sudan | 46
Page 2: Understanding Land Investment Deals
Page 5 and 6: Table of Contentslist of Acronyms..
Page 7: executive summaryOn July 9, 2011, t
Page 10 and 11: INTRODUCTIONAround the world, ferti
Page 12 and 13: 1. COUNTRY CONTEXTBox 1. South Suda
Page 14 and 15: the population—are moderately or
Page 16 and 17: Questions Surrounding the Availabil
Page 18 and 19: 2. LEGAL FRAMEWORKSouth Sudan’s l
Page 20 and 21: within the local government council
Page 22 and 23: Habila mechanized schemes, Nuba Mou
Page 24 and 25: 4. CASE STUDIESThere was a large in
Page 27 and 28: Nile Trading & Development Contract
Page 29 and 30: when Kinyeti representatives travel
Page 31 and 32: South Sudan. There is a tendency fo
Page 33 and 34: the Equatoria Teak Company and its
Page 36 and 37: of encroachment by the local commun
Page 38: which the CDC and Finnfund are will
Page 41 and 42: provide the local community with so
Page 43 and 44: officials with the state and centra
Page 45 and 46: all of the 50,000 tons of food it c
Page 47 and 48: 5. CONCLUSIONSouth Sudan experience
Page 49: ENDNOTES1 This is an updated figure
Page 53 and 54: 171 Ibid.172 Taban Deng, op. cit.17

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