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UNISCI Discussion Papers, Nº 33 (Octubre / October 2013) ISSN 1696-2206Heglig Rubkhona –PariangManga Pariang –GuitBefore Guit was created in 2005,they lived together. Between 2002an 2007 the area was under thecontrol of a militia led by PeterDor of Chiengdukar clan, that wasthen integrated in the SPLA 86 . In2002, a market was established. In2007, there was a dispute amongtax collectors that escalated intofighting between the communitiesin Maderasa and Chilak, along theriver.In march 2008 there were newclashes between the twocommunities. The governmentintervened destroying the marketand residential area. People arenow residing there illegally. It is abarrack area.Leek people (from Rubkhona)claim part of Heglig because theyused to go to graze in the area andconsider it to be their land.Manga is situated east ofRubkhona, near to the river Nam.It is claimed by Pariang County(Dinka Rweng-Panaru), but iswhere the house of Unity StateGovernor Taban Deng Gai islocated. The governor allegedlyencouraged the settlement of NuerJikani (his own tribe) in the area,which is now under the authorityof Guit County (before, it was partof Nyeel Payam in PariangCounty). Dinka Panaru claim thatthe traditional border used to bethe river Nam, with Nuer Jikaniliving south. The original name ofthe area was Minyang whileManga would the arab name,allegedly used by the governor tohide the origins of the place.Before the war, it used to be agrazing area (not heavilypopulated) and the few inhabitantswere displaced following intertribalmilitia fighting in 1991-1992.Tax collectionOil revenuesLand ownershipAgriculture landWaterFish campHeglig is stildisputed betweenSudan and SouthSudanPeople fromPariang areunhappy with thearrangement, butthere are noprotests. People areeither waiting forofficialdemarcation, eithertoo scared toprotest against thegovernor.86 According to a Member of Parliament from Guit County in Unity State Legislative Assembly, it was only after2007 that the government of Unity State was effectively capable of controlling the area between Rubkhona andGuit. Interviewed in Bentiu, February 2013. A Block leader in Bentiu Town I interviewed in March 2013 alsoreported the presence of armed groups in Rubkhona until 2007: “Arabs stayed in Rubkhona up to 2007”.52
UNISCI Discussion Papers, Nº 33 (Octubre / October 2013) ISSN 1696-2206All these disputes are conceptualized both in terms of tribal and clan-based affiliation and interms of where a particular border has to lay; the issues at stake -besides the symbolic rhetoricof “this is our ancestral land”- are mainly reported to be access to land and tax collection.The first one, access to land, can be approached from two distinct but intertwinedperspectives: access to land on an individual basis, and access to land on a collective(community) basis. Individual access to land in the rural areas is granted on customary basis.Except from Bentiu Town and a few other towns where the demarcation of urban housingplots is under way, 87 Unity State’s population mostly lives in the rural areas, where land isallocated to the people according to the needs for settlement and productive land by the localchief. The allocation of land takes place at Payam level (Head chieftainship) through theconsultation of Boma level chiefs (Executive chieftainship) that identify the plots to beallocated. This practice is consistent both with the Land Act, which recognizes customaryrights to land in the rural areas, and with the way in which local land issues have beentraditionally dealt with. Customary rights, as such, have been traditionally regulated by localchiefs with very limited interference from any form of statutory power. 88 In their study oflocal administration in SPLA controlled areas during the war, Branch and Mampilly reportthat land disputes´ resolution between individuals and families were to be managed within thecustomary system, with a council of chiefs and elders as appeal organ instead of the SPLMstatutory court. 89 Individual land rights are therefore mediated by the right of an entirecommunity to own, access and occupy a certain territory, with the community “defined as atribal unit, in which decisions as to the most important resource, land, are made exclusivelyby those seen as embodying that tribal custom – chiefs and elders”. 90 According to a seniorofficial of the Ministry of Agriculture in Unity State:“If you want a plot for farming, there are no problems and it is free as long as you belongto that community. Otherwise you will never have it, forget it! You can ask for a lease, butthen you have to pay”. 91Having to pay for the land to live and cultivate means virtually being excluded from that landfor the majority of people living in the rural areas, so if an area is included or not in theadministrative boundaries that delimit a community’s territory becomes a matter of beingallowed or denied the right to access that land to individual community members. Moreover,while for urban land an official survey system and fixed prices are in place -notwithstandingreports of widespread corruption of local officers of the Survey Department-, it is unclear howthe issue is supposed to work in the rural areas.87 The Director of the Land Department of the Ministry of Physical Infrastructure and Urban Development inUnity State reported in an interview that between 2004 and 2011 the following urban blocks for housing weredemarcated: 1 block in Pariang town; 6 blocks in Guit Town, 9 blocks in Abiemnom town; 3 blocks in Mankien;7 blocks in Wankai; 9 blocks in Mayom Town; 12 blocks in Rubkhona town; 97 blocks in Bentiu (but rapidlyexpanding). Interviewed in Bentiu, February 2013.88 I am not considering here the large scale expropriation of land in the Upper Nile region by the government inKhartoum during the 70s and 80s (Johnson D.H.: "The root causes…", op. cit), because this kind of operationshould be looked at as an alienation of collective rights involving logics and dynamics that go far beyond thenegotiation of customary rights.89 Branch and Mampilly, op. cit.90 Ibid., p. 11.91 Interviewed in Bentiu, February 2013.53
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