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“ASSESSING THE EFFECTS OF LAND TENURE SYSTEM ON DEVELOPMENT IN

SOUTH SUDAN: A CASE STUDY OF CENTRAL EQUATORIA STATE (2005-2012)

BY

DENIS DUMO SCOPAS

DISSERTION

SUBMITTED TO THE COLLEGE OF HUMAN RESOURCE DEVELOPEMNT IN


PARTIAL FULFILLMENT FOR THE AWARD OF DIPLOMA OF POLITICAL
SCIENCE OF UNIVERSITY OF JUBA

MARCH 2013
DECLARATION
I, Dumo Denis Scopas do declare that the presentation in this dissertation is solely my original
work and has not been published and submitted for any other degree to any University or
institution.

Sign……………………………… Date…………………………………

APPROVAL

I certify that I supervised this research report and approved it for academic examination.

Sign…………………………… Date……………………………

DEDICATION

To God be the glory


ACKNOWLEDGEMENT

For all those who helped me complete this piece of work, I am indebted.

My classmate were very instrumental in giving me supports in every stage of my

academic journey. My lecturers especially; Hon. Bul Cosmas, Mr. Oyet Nathaniel, Mr. Festo

Lemi, Prof. Samson Wasara and our hard working Program Coordinator Mr. Ben and the list is
endless.

ACRONYMS AND ABBREVIATIONS

AIDS – Acquired Immune Deficiency Syndrome

CEDAW – Convention on the Elimination of all Forms of Discrimination against Women

DFID – Department for International Development (United Kingdom)

HIV -Human Immunodeficiency Virus

FAO -Food and Agriculture Organisation of the United Nations

GDP – Gross Domestic Product

GTZ – Deutsche Gesellschaft fur Technische Zusammenarbeit (Germany Technical

Cooperation)

ILO – International Labour Organisation

NGO – Non Governmental Organisation

NLC – National Land Committee (South Africa)


SADC – Southern African Development Community

SARPN – Southern African Regional Poverty Network

UNAIDS – Joint United Nations Programme on HIV/AIDS

UNDP – United Nations Development Programme

UNECA – United Nations Economic Commission for Africa

UNEP – United Nations Environment Programme

USAID – United States Agency for International Development

DRC – Democratic Republic of Congo

ECOMOG – Economic Community of West African States Monitoring Group

ECOWAS – Economic Community of West African States

ED – Editor

EU – European Union

FC – Force Commander

GA – General Assembly

ICG – International Crisis Group

IDPs – Internally Displaced Persons

IGAD – Intergovernmental Authority on Development

ISS – Institute of Security Studies

LAS – League of Arab states

Lt Col – Lieutenant Colonel


Maj. Gen – Major General

MILOBs – Military Observers

MINURCA – United Nations Mission in the Central Africa Republic

MINURSO – United Nations Mission for the Referendum in Western Sahara

MINUSTAH – United Nations Stabilization Mission in Haiti

MONUC – United Nations Mission in Democratic Republic of Congo

NA – Nigerian Army

NGOs – Non Governmental Organizations

NIIA – Nigeria Institute of International Affairs

OAU – Organization of African Unity

OIC – Organization of Islamic countries

OIOS – Office of Internal Oversight Services

ONUB – United Nations Mission in Burundi

ONUC – United Nations Operation in Congo

ONUMOZ – United Nations Operation in Mozambique

PKO – Peace-Keeping Operation

PM – Prime Minister

PSO – Peace Support Operations

RTD – Retired

SADC – Southern African Development Community

SAF – Sudan Armed Forces

SAIIA – South Africa Institute of International Affairs

SALW – Small Arms and Light Weapons


SC – Security Council

SG – Secretary General

SLOC – Sea Lanes Of Communication

SOFA – Status of Forces Agreement

SPLM/A – Sudanese People Liberation Movement/Army

SRSG – Special Representative of the Secretary General

TCC – Troop Contributing Countries

TFG – Transitional Federal Government

UK – United Kingdom

UN – United Nations

UNAMA – United Nations Mission in Afghanistan

UNAMIR – United Nations Mission in Rwanda

UNAMIS – United Nations Mission in Sudan

UNAMSIL – United Nations Mission in Sierra Leone

UNASOG – United Nations Aouzou Strip Observer Group

UNAVEM – United Nations Angolan Verification Mission

UNDOF – United Nations Disengagement Observer Force

UNEF – United Nations Emergency Force

UNFICYP – United Nations Peacekeeping Force in Cyprus

UNIFIL – United Nations Interim Force in Lebanon

UNITARPOCI – United Nations Institute for Training and Research Programme


of Correspondence Instructions.

UNMEE – United Nations Mission in Ethiopia/Eritrea

UNMIK – United Nations Mission in Iraq-Kuwait


UNMIL – United Nations Mission in Liberia

UNMIS – United Nations Mission in the Sudan

UNMISS – United Nations Mission in the South Sudan

UNMOGIP – United Nations Military Observer Group in India and Pakistan.

UNOCI – United Nations Mission in Corte D’ Ivoire

UNOMIG – United Nations Observer Mission in Georgia

UNOMIL – United Nations Observer Mission in Liberia

UNOMSIL – United Nations Observer Mission in Sierra Leone

UNOSOM – United Nations Operation in Somalia

UNSC – United Nations Security Council

UNSCR – United Nations Security Council Resolution

UNTAG – United Nations Transition Assistance Group

UNTSO – United Nations Truce Supervision Organization

USA – United States of America

USC – United Somalia Council

USIP – United States Institute for Peace

USSR – Union of Soviet Socialist Republics


OPERATIONAL DEFINITIONS

Absolute Advantage – exists in the production of a good when one country can produce a good
more efficiently than another country.

Absolute Location – the exact position on the globe using addresses, grid coordinates, or the
imaginary lines of longitude and latitude

Acid rain – a type of polluted rain, produced when acids from smokestacks combine with water
vapor that can harm lakes, forests, and human health

Adapt – to change or tailor something to fit, humans change their environment or their way of
doing something to fit their current needs or goals.

Advertising – information provided to encourage the purchase or use of a good, service or idea
by emphasizing its positive qualities.

Affirmative Action – efforts to recruit or hire members of underrepresented groups, such as


women and minorities.

Allegiance – devotion or loyalty.

Allocation – the process of choosing which needs will be satisfied and how much of our
resources we will use to satisfy them.

Alternative Courses of Action – the other choice that could have been made which are inherent
in every decision.

Altitude – the height of a thing above sea level or above the earth’s surface.

Amendment (to the U.S. Constitution) – changes in, or additions to, a constitution. Proposed
by a two-thirds vote of both houses of Congress or at the request of two-thirds of the state
legislatures. Ratified by approval of three-fourths of the states.

American Influence on Foreign Countries – as the most powerful nation and economy in the
world the United States affects the cultures, economies, and politics of nations worldwide. When
other nations seek access to and become part of the lucrative U.S. market their own economies,
cultures and politics are affected by American culture and values.

American Political System/Presidential System – a system of government in which the


legislative and executive branches operate independently of each other and in which power is
distributed through a system of checks and balances.
Amnesty – a general pardon granted by a government, especially for political offenses.

Analog – a face clock with hands.

Anarchy – Absence of any form of political authority. A state of lawlessness, confusion, and
disorder (usually resulting from a failure of government.)

Ancient history – history of people living from the beginnings of human society through 300
CE

Apartheid – policy of separation of the races enforced by law

Appellate court – a court authorized to hear appeals

Apportionment – the distribution of legislative seats according to population

Arbitration – settlement of a dispute by the decision of a judge, umpire or committee.

Articles of Confederation – The first document created to govern the newly formed government
after the American Revolution. It created a “firm league of friendship” among the 13 original
states. The states agreed to send delegates to a Confederation Congress. Each state had one vote
in Congress.

Artifact – things made by humans, and used by archaeologists and historians to recreate a
picture of the past.

Authority – right to control or direct the actions of others, legitimized by law, morality, custom,
or consent.

Bar Graph – a means of displaying data using the length of “bars” to represent the values of the
data being displayed.

Barter – the direct trading of goods and services between people without the use of money.

Beliefs – opinions about what is considered to be true and trustworthy.

Benefits – something of value, a benefit can be tangible like a gift or money, or intangible like
satisfaction.

Bias – an unfair act or policy resulting from prejudice.

Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 3 –
Bigotry – intolerance and prejudice; obstinate and unreasoning attachment to one’s own belief
and opinions, with narrow-minded intolerance of beliefs opposed to them

Biography – a narrative account of a person’s life.

Bill of Rights – first ten amendments to the Constitution ratified in 1791, these amendments
limit governmental power and protect basic rights and liberties of individuals.

Biome – a major regional or global biotic community, such as a grassland or desert,


characterized chiefly by the dominant forms of plant life and prevailing climate.

Bipartisan – supported by members of two parties, especially two major political parties

Boundary – the limit or extent within which a system exists or functions, including a social
group, at state, or physical feature.

Branches of Government – established in the U.S. Constitution to divide the power of


government between legislative, executive and judicial branches

Calendar – a table showing the days, weeks, and months of at least one specific year.

Campaign – the overall effort a candidate makes to win votes through speeches, press
conferences, and advertising.

Campaigns – activities planned to achieve a certain goal as in electing a candidate or


establishing a public policy.

Campaign finance reforms – how money is collected and spent in campaigns for public office
is subject to rules. Many groups believe that a major change in those rules is necessary to limit
the amount of money that any person or group can donate to a political campaign with the goal
being to limit the influence any person or group will have after the election to influence the
office holder they helped to elect.

Capital – cash, goods, natural resources, or human skills that are used to produce income.

Capital Equipment – manufactured equipment used in the production of goods and services.

Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 4 –

Capital Resources – goods made by people and used to produce other goods and services (also
called intermediate goods).
Capitalism – economic system characterized by the following: private property ownership
exists; individuals and companies are allowed to compete for their own economic gain; and free
market forces determine the prices of goods and services.

Cartel – explicit forms of collusion concerned with product price, output, service, or sales.

Cash – currency and coins

Caucus – A meeting, especially a preliminary meeting, of persons belonging to a party, to


nominate candidates for public office, or to select delegates to a nominating convention, or to
confer regarding measures of party policy; a political primary meeting.

Census – an official, usually periodic enumeration of a population, often including the collection
of related demographic information. As required by the Constitution, the census of the
population of the United States takes place every 10 years.

Century – one hundred years.

Certificates of Deposit (CD) – these offer a guaranteed rate of interest for a specified term,
usually one year. The institution generally requires that you keep your money in the account until
the term ends. The institution may pay a higher rate of interest than for a savings or other
account. Typically, the longer the term, the higher the interest

Characteristics – a special quality or feature; whatever distinguishes one person or thing from
others.

Checking Accounts – deposits in a checking account give individuals quick, convenient, and
immediate access to money in their account. Money is accessed through the writing of a check,
which transfers money to the person or business named. Some checking accounts pay interest
(NOW accounts), but most do not institutions may impose fees on checking accounts, along with
a charge for the checks.

Checks and Balances – constitutional mechanisms that authorize each branch of government to
share powers with the other branches and thereby check their activities. For example, the
president may veto legislation passed by Congress, the Senate must confirm major executive
appointments, and the courts may declare acts of Congress unconstitutional.

Chlorofluorocarbons – a series of hydrocarbons containing both chlorine and fluorine. These


have been used as refrigerants, blowing agents, cleaning fluids, solvents, and as

fire extinguishing agents. They have been shown to cause stratospheric ozone depletion and have
been banned for many uses.

Choropleth map – maps that display data by using colors or shading to represent distinct
categories of qualities or quantities.
Choice – what someone must make when faced with two or more alternative uses for a resource,
also called an economic choice.

Chronological order – arranged in order of time occurrence.

Circle Graph – used to display data that adds up to 100%

Circular Flow – the flow of money from businesses to households and government, from
households to businesses and government, and from government to households and business.

Citizen’s responsibilities and conduct – actions expected of citizens in their daily conduct such
as upholding the values and principles of the Constitution, obeying the law, voting and
participating in the civic life of the community.

Citizenship – status of being a member of a nation, one who owes allegiance to the government
and is entitled to its protection and to political rights.

City Council – the equivalent of the legislative branch for a city.

City-state – A self-governing city, often with surrounding lands it governs.

Civil court – the place where disputes between people, or between people and the government
are resolved

Civilization – the type of culture and society developed by a particular nation or region or in a
particular epoch: The ways in which people organize themselves.

Civil Rights – protections and privileges given to all U.S. citizens by the Constitution and Bill of
rights

Climate – the temperature, precipitation, winds, etc. that characterize a region. Long-term trends
in weather elements and atmospheric conditions.

Coin – money issued by a government in the form of a metal disk.

Colony – A group of emigrants or their descendants who settle in a distant territory but remain
subject to or closely associated with the parent country.

Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 6 –

Command Economies – an economy in which the government makes the decisions about what,
where, how and how much is produced and finally who will get what is produced.
Common Good – involves individual citizens having the commitment and motivation (that they
accept as their obligation) to promote the welfare of the community (even if they must sacrifice
their own time, personal preferences or money) to work together with other members for the
greater benefit of all.

Communism – the final state of social evolution according to Marx, in which the state has
withered away and economic goods are distributed according to need.

Communication – the exchange of thoughts messages and or information.

Community – a group of people living in the same locality and under the same government.

Community Characteristic – a feature that helps to define, describe, or distinguish one


community from another.

Comparative advantage – the principle that states that a country benefits from specializing in
the production of goods at which it is relatively most efficient.

Comparison – an examination of two or more objects, ideas, locations, concepts, or individuals


to discover the similarities and differences.

Compass rose – orientation graphic that indicates the direction north on a map or globe

Competitive Markets – markets with many buyers and sellers where not one person or firm
controls prices or the number of products for sale.

Complementary Goods – goods that are jointly consumed. The consumption of one enhances
the consumption of the other (examples hot dogs/hotdog buns; left shoe/right shoe; snow skis
and snow clothing).

Composite region – a region that shares more than one characteristic or function e.g., Midwest-
agricultural region, Midwest-industrial region, urban -industrial regions

Compromise of 1850 – had four parts– first, California was allowed to enter the Union as a free
state; second, the rest of the Mexican Cession was divided into the territories of New Mexico and
Utah (in each territory, voters would decide the slavery question according to popular
sovereignty); third, the slave trade was ended in Washington, D.C., the nation’s capitol
(Congress, however, declared that it had no power to ban the slave trade between slave states;
fourth, a strict new fugitive slave law was passed.

Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 7 –

Conflict – an open clash between two opposing groups, individuals, or nations regarding an
ideology or a course of action.
Conflict and cooperation – a recurring theme of social studies that represents the opportunities
for people in communities, nations, regions or worldwide to engage in activities in which they
openly clash with one another while retaining the capacity at other times to work together
towards accomplishing common goals.

Conflicting viewpoint – a position taken by one individual group, or nation, which is in


opposition to the position of another individual, group or nation.

Consensus – a point reached in a negotiation where a general agreement of all or most of the
people consulted is achieved

Constitution – the system of fundamental laws and principles that prescribes the nature,
functions, and limits of a government or another institution. The fundamental law of the United
States, framed in 1787, ratified in 1789, and variously amended since then.

Constitutional guarantee – the promises or assurances given to the people of the nation in their
written constitution, which cannot be taken away without the due process of law.

Consumer – a customer who buys the products or services a business produces.

Consumer Credit – ability to buy goods or services now and pay later by installment payments.

Consumer Goods – items that are made for final consumption (i.e., not used by business to
produce other goods or services)

Consumer Spending – purchase of consumer goods and services.

Contemporary factors – something that belongs to the same time period as the event, which
contributes causally to the event, like the present efficiency and abundance in the production of
wheat in the United States allows us to sell wheat to other countries who need it.

Continent – one of seven large landmasses on the Earth, which separates the oceans

Core Democratic Values – fundamental beliefs and constitutional principles outlined in the
Declaration of independence and/or the United States Constitution and other important writings
of the nation such as Supreme Court decisions.

Corporation – an organization of people legally bound together by a charter to conduct some


type of business.

Costs – the total money, time and resources associated with a purchase or activity.

Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 8 –
Costs of Production – all resources used in producing goods and services, for which their
owners receive payment.

Country – a sovereign nation.

County – the largest territorial division of a state.

Coup d’ etat – the sudden overthrow of a government by usually a small group of persons in or
previously in positions of authority

Crimes against humanity – actions that are agreed to be so universally abhorrent that they are
determined to be unacceptable by all people regardless of culture and for which people seek to
have the perpetrators punished on behalf of humanity.

Criminal court – the place where cases are heard for those accused of breaking a law

Criminal procedure – a set of established steps taken when the government is preparing a
criminal prosecution to bring a person accused of breaking a law to trial, which includes due
process for the accused.

Crusade – Any of the military expeditions undertaken by European Christians in the 11th, 12th,
and 13th centuries to recover the Holy Land from the Muslims. Also, a vigorous concerted
movement for a cause or against an abuse.

Culture— the values, beliefs and perceptions of the world that are learned and are shared by
members of a community or society, and which they use to interpret experience and to generate
behavior, and that are reflected in their own behavior.

Cultural diffusion – the spread of linguistic or cultural practices or innovations (including ideas
and beliefs) within a culture or from one culture to another.

Cultural geography – the study of how people use space and interact with their environment.

Cultural stability and change – an important theme in social studies, particularly in geography
and history, which addresses how different societies maintain the stability of their culture and
how they deal with the inevitable difficulties associated with change as a result of interactions
with other cultures or changes in prevailing values.

Cultural Relativism – the idea that each culture’s features should be understood in terms of that
culture’s history, environment, values, and views of its people, and that it is ethnocentric or
biased, as well as uninformed, to judge another culture by the standards of one’s own culture.

Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 9 –
Culture – learned behavior of people, which includes their belief systems and languages, their
social relationships, their institutions and organizations, and their material goods (food, clothing,
buildings, tools, and machines).

Currency – paper money with a specified value, issued by the government or a central bank.

Currency Exchange – the comparative value of foreign currencies.

Decade – ten years.

Deciduous – type of tree that loses its leaves during portions of the year, usually beginning in the
autumn months

Decision – a conclusion or judgment reached after consideration of alternatives.

Decision Matrix – a table comparing possible decisions.

Declaration of Independence – the declaration of the Congress of the Thirteen United States of
America, on the 4th of July, 1776, by which they formally declared that these colonies were free
and independent States, not subject to the government of Great Britain.

Defining Characteristic – shared patterns of life, which characterize a period of history.

Deflation – a decline in general price levels, often caused by a reduction in the supply of money
or credit.

Deforestation – the clearing or destruction of forests, generally for the purposes of timber
extraction, agricultural expansion, cattle raising and in drier climates an increase demand for
firewood.

Delegated Powers – powers granted to the national government under the Constitution, as
enumerated in Articles, II, III, and I

Demagogue – A leader who obtains power by means of impassioned appeals to the emotions
and prejudices of the populace.

Demand – the desire and ability of individuals to purchase economic goods or services at the
market price; along with supply, one of the two key determinants of price.

Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 10 –
Democracy – a system of government in which political authority is held by the people;
typically feature constitutional governments where the majority rules, a belief in individual
liberty and in equal rights for all people, freedom of expression, political freedom, and freedom
of choice.

Demography – the study that emphasizes statistics to look at human population distribution,
population density, and trends in population

Describe – to tell the who, what, when or where about something

Desegregation – To abolish or eliminate segregation; to open (a school or workplace, for


example) to members of all races or ethnic groups, especially by force of law; to become open to
members of all races or ethnic groups.

Desert – an area with little precipitation or where evaporation exceeds precipitation and thus
includes sparse vegetation

Desertification – a process by which desert-like conditions are created by a loss of plant cover
and soil due to human activity and climatic changes in arid and semi-arid regions

Dictator – a ruler with absolute power.

Digital clock – clock, which only uses numbers to tell the time.

Discrimination – treatment based on class or category rather than individual merit.

Disenfranchised – deprived of the rights of citizenship especially the right to vote

Disparities – lack of equality.

Dispute – a disagreement or argument about something important

Distributor – a firm that sells and delivers merchandise to retail stores or acts as an intermediary
in business.

Distribution – the delivery of merchandise to retail stores.

Diversity – variety in culture and ethnic background, race and belief is not only permissible but
also desirable and beneficial in a pluralistic society.

Doctrine – A principle or body of principles presented for acceptance or belief, as by a religious,


political, scientific, or philosophic group; dogma, e.g., Monroe Doctrine

Domestic – of one’s own country; not foreign.


Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 11 –

Domestic Economy – activities dealing with the production and distribution of goods and
services within ones own country.

Dred Scott v. Sanford: Dred Scott Decision of 1857 – the Supreme Court ruled that Dred Scott
could not file a lawsuit because, as a black, he was not a citizen. The justices also agreed that
slaves were property. They also ruled that Congress did not have the power to outlaw slavery in
any territory.

Due Process of Law – right of every citizen to be protected against arbitrary action by
government; the government must use fair procedures to gather information and make decisions
in order to protect the rights of individuals and the interests of society.

Earning – activities people engage in to acquire resources. Also, income after taxes is deducted.

Early Inhabitants – people who first lived in a place.

Economic and political connections – the relationship between the government of a state,
nation or municipality and its economic system, such as regulation of banking, local ordinances,
or worker safety.

Economic Development – actions taken to improve the ability of people to more productively
use capital, natural and human resources in the production of goods and services.

Economic Dispute – a disagreement over how resources will be used.

Economic Freedom – the right to acquire, use, transfer and dispose of private property without
unreasonable governmental interference; the right to seek employment wherever one pleases; to
change employment at will; and to engage in any lawful economic activity.

Economic geography – the study of how people use space and interact with their environment
to answer the basic economic questions of production and distribution.

Economic Goals of Government – in the mixed economy of the United States government has
six broad goals: economic growth, more and better goods and services produced; full
employment, everyone who wants to work should have a job; price stability, stable prices that
do not rise dramatically, economic freedom, individuals should be free to make their own
economic decisions; fair distribution of wealth, an agreement in principle that it is undesirable
for any group to suffer extreme poverty while others enjoy extreme wealth; and economic
security, government aid for those who are sick, disabled, or aged.
Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 12 –

Economic Growth – the change in the level of economic activity from one year to another.

Economic Incentives – factors that motivate the behavior of households and business, prices,
profits, and losses act as incentives for participants to take action in a market economy.

Economic Indicators – the leading indicators include the money supply, stock prices, consumer
expectations, commodity (raw materials, farm products) prices, the average work week, new
unemployment claims, new building permits, new orders for consumer goods, new orders for
capital goods, unfilled orders, and back-logged deliveries.

Economic Institutions, household, government, business, banks, labor unions – an


organization founded and united for a specific economic purpose, i.e.; making decisions about
the consumption and production of resources.

Economic Measurement – tracking the change in the level of economic activity from one time
period to another. Standard economic measurements are the GDP, housing starts, unemployment
rates, and the Consumer Price Index.

Economic Roles of Government – in the mixed economy of the United States government has
six broad goals: economic growth, more and better goods and services produced; full
employment, everyone who wants to work should have a job; price stability, stable prices that
do not rise dramatically, economic freedom, individuals should be free to make their own
economic decisions; fair distribution of wealth, an agreement in principle that it is undesirable
for any group to suffer extreme poverty while others enjoy extreme wealth; and economic
security, government aid for those who are sick, disabled, or aged.

Economic System – the way a society organizes the production, consumption, and distribution
of goods and services.

Economic Trends –the current general direction of movement of an economic indicator. Trends
can track consumer purchases and production, supply and demand, GDP, prices, and interest
rates

Economics – 1. having to do with the production, distribution, and consumption of goods and
services. 2. the management of the income, supplies, and expenses of household, government,
etc.

Ecosystems (ecological system) – a system formed by the interaction of all living organisms
(plants, animals, and humans) with each other and with the physical and chemical factors of the
environment in which they live.
Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 13 –

Electoral college– the group of people selected by each state that elect the president and Vice
President of the United States. The number of votes each states receives is determined by the
number of representatives they have in Congress (the number of their state’s Representatives
plus their two Senators).

Elevation – the height on the earth’s surface above or below sea level

Emigrant – Emigrant and emigration have reference to the country from which the migration is
made; the correlative words immigrant and immigration have reference to the country into which
the migration is made, the former marking the going out from a country, the latter the coming
into it.

Emotion – arousal that is interpreted in relation to a situation and results in expressive behavior.

Endowed – provided with/for; in the Declaration of Independence: “…that they are endowed by
their creator with certain unalienable rights…” i.e. rights are provided to each person by their
creator and can neither be given or taken away by a person or the government

English Bill of Rights – a law passed by Parliament in 1689 that forms the foundation of
Britain’s unwritten constitution. The bill prohibited the monarchy from suspending laws, levying
taxes or maintaining an army in peacetime without consent of Parliament.

Enslaved people – individuals whose liberty has been taken away and are forced to work for
others without compensation as property

Entrepreneur – individual who takes the risk of producing a product for a profit

Environment – the natural or human surrounding in which living things interact.

EPA – Environmental Protection Agency

Equality – everyone should get the same treatment regardless of where their parents or
grandparents were born, their race or religion, or how much money they have, citizens all have
political, social, and economic equality.

Era – a period of time in history.

Ethical consideration – a set of moral standards that is a factor when making decisions or
judgments.

Ethics – standards of right and wrong; morals.


Ethnic Group – people who share a common cultural background, including ancestry and
language.

Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 14 –

Ethnic Cleansing – the removal or extermination of a racial or cultural group.

Ethnography – the systematic description of a particular culture based on

first-hand observation. (The person who does ethnography is called an

ethnographer).

Ethnocentrism – looking at the world from the perspective of one’s own

culture; the attitude or belief that the ways of one’s own culture are the

best or only proper ones. Other ways are therefore judged wrong or immoral,

not simply different.

Ethnicity – one’s cultural identity (NOT biological identity).

Evaluate – make judgments about the value of ideas or materials. Exchange – giving one thing
in return for some other thing.

Excise tax – A Federal or state tax imposed on the manufacture and distribution of certain non-
essential consumer goods.

Executive Branch – carries out and enforces laws to protect individual rights and promote the
common good.

Executive Power – power of the president governor or mayor to implement and enforce

laws.

Explain– to give reasons for why something happens

Exports – goods or services produced in one nation but sold to buyers in another nation.

Factors of Production – resources used by businesses to produce goods and services; natural
resources, human capital, capital and entrepreneurship
Federal – anything pertaining to the national government, but not the state or local government.

Federal Courts – Article III of the Constitution gives the federal courts jurisdiction—the
authority to hear and decide a case—only in certain specific areas. These are cases that involve
one of the following: The Constitution, federal laws, admiralty and maritime laws, disputes in
which the United States government is involved, controversies between sates, controversies
between citizens of different states, Disputes

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involving foreign governments and United States ambassadors, ministers, and consuls serving in
foreign countries.

Federal Judiciary – nine members of the U.S. Supreme Court and approximately five hundred
judges appointed by the president and approved by the Senate for the federal courts

Federal Reserve System (the Fed) – the central banking system in the United States. It
regulates money and banking in the United States.

Federalism – power is shared between two sets of governmental institutions, those of the states
and those of the central or federal authorities, as stipulated by the Constitution

Fees – charges for services rendered.

Feudal system – Introduced to England by William I -The Conqueror. In a feudal system the
King owned all the land. The King as his personal property kept one quarter, some was given to
the church and the rest was rented out. In this system a lord swears allegiance to the king in
return for protection. A lord took in serfs who paid homage to him and took the same oath. This
system would continue to the lower and lower classes that would work for fiefs or land. The
Feudal System lasted in England until the Tudor period.

Filibuster – The use of obstructionist tactics, especially prolonged speechmaking, for the
purpose of delaying legislative action.

Fiscal Policy – decisions by the President and Congress, usually relating to taxation and
government spending, with the goals of full employment, price stability, and economic growth

Five Themes of Geography –

– Location – includes both absolute and relative. Absolute location: expressed in terms of the
latitude and longitude identifies a place’s exact location on the earth. Relative location: describes
where a place is in relation to other places.
– Place – Particular city, village, or area with distinctive physical and human characteristics that
distinguishes it from other places.

– Human Environment/Interaction – How people change their surroundings like clearing land
to make farms; and how people adapt to their environment like building homes with insulation
and central heating in cold climates.

– Movement – the moving of people, ideas, information, and products around the world.

– Region – an area with one or more common characteristics or features, which gives it a
measure of homogeneity and makes it different from surrounding areas.

Fluorocarbons – any of various chemically inert compounds containing carbon and fluoride
used chiefly as lubricants and refrigerants and in making resins plastics. (see
chlorofluorocarbons)

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Foreign market – when buyers and sellers from different countries make transactions, directly
or via intermediaries.

Foreign policy – when dealing with other nations, the systematic collection of practices,
regulations, and rules of procedure and conduct followed by the Federal Government.

Forensic Anthropology – a special field within Physical Anthropology that uses knowledge of
the human skeleton to help crimes and other legal issues. Forensic anthropologists, for example,
have been working to identify the skeletal traces recovered from the 9-11 disasters.

Forms of Taxation – forms of taxation: taxes are charges imposed by the government on people
or property for public purposes. Taxes take different forms like the benefit principle (gasoline
taxes for road construction), progressive taxes, regressive taxes, proportional taxes, direct taxes,
indirect taxes, income taxes, sales taxes, excise taxes (levied on a specific item), property taxes
estate and gift taxes, tariffs and social security tax.

Free Market Economy – an economy in which individuals decide the economic questions in the
market place.

Freedom – being able to act without interference or control by another; right to believe in what
you want, right to choose own friends, and have own ideas and opinions, to express own ideas in
public, the right for people to meet in groups, the right to have any lawful job or business.
Fundamentalism – Fundamentalism can be broadly defined as a strict and literal adherence to a
set of basic principles and specific beliefs. Although many, if not most forms of fundamentalism
are religious, by no means are all religious people fundamentalists. The adherence to certain
beliefs seen in fundamentalism is so strong, that the presentation of evidence that contradicts
these beliefs leads to no reassessment of them, on the part of the fundamentalist.

Genocide – the extermination of a cultural or racial group.

Geography – an integrated discipline that brings together the physical and human dimensions of
the world in the study of people, place, and environment focusing on the earth’s surface and the
processes that shape it, the relationships between people and environments, and the connections
between people and places.

Gideon v. Wainwright (1963) – the Supreme Court ruled that in federal and state criminal cases
involving serious criminal cases involving serious crimes, the court must appoint a lawyer to
represent an accused person who cannot afford one. In 1972 the

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Supreme Court extended the right to counsel even further. It ruled that an accused person cannot
be sent to jail for any offense unless he or she has either been represented by counsel or
voluntarily given up that right. This ruling covers all cases that could involve imprisonment, no
matter how minor the crime.

GIS global information systems – a geographic database that contains information about the
distribution of physical and human characteristics of places or areas.

Good character – the moral quality of one’s decisions and behavior that is generally accepted as
positive

Goods – objects that can be held or touched that can satisfy people’s wants.

Globalization – Refers to the many ways in which people are being drawn together not only by
their own movements but also through the flow of goods/services, capital, and ideas/information.
Globalization also includes the impact that increased human interactions have on the natural
environment.

Global warming – the theory that Earth’s atmosphere is gradually warming due to the buildup
of carbon dioxide in the lower atmosphere caused by human activity such as the burning of coal

Governor – the chief executive of a state government who is elected by the state’s voters.
Government – an institution that determines and enforces a society’s laws. The size and nature
of a government varies according to the society it governs.

Government Regulation – a rule, law, statute or ordinance, through which the government
monitors the use of wealth or property by individuals, groups or businesses.

Graphic Data – information organized in a pictorial way like a chart, graph or map.

Grasslands – middle-latitude grasslands are located between the temperate forests and desert
biomes. Because of a semiarid climate, grasslands usually do not have tree cover except along
rivers. Wetter grasslands supporting taller grasses are prairies and drier desert margin grassland
regions are called steppes

Greenhouse effect – the warming of the earth caused by the buildup of carbon dioxide in the
lower atmosphere, possibly as the result of human industrial activity

Gross Domestic Product (GDP) – the total dollar value of all final goods and services produced
in a country in a given year equals the total consumer, investment and government spending,
plus the value of exports minus the value of imports.

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Gross National Product (GNP) – is calculated by adjusting the GDP to include income
accruing to domestic residents as a result of investments abroad minus the income earned in
domestic markets accruing to foreigners abroad.

Habitat – a place where a plant or animal naturally or normally lives and grows.

Hills – landform features that may have steep slopes but lower in elevation and characterized by
less local relief than a mountain

Households – individual or family units.

Human Capital – the people who perform the work in the production of goods and services and
the skills, which they have.

Human Characteristics of Place – things that humans do to change the environment or natural
surroundings (e.g., bridges, roads, and buildings). Also the language, culture, food and religions
of a place.
Human Environment/Interaction – how people adapt their lives to some environmental
conditions; how people protect themselves from cold climates; how people will change their
natural environment.

Human Resources – quantity and quality of human effort directed toward producing goods and
services (also called labor or human capital).

Human rights – the basic rights and freedoms to which all humans are entitled, often held to
include the right to life and liberty, freedom of thought and expression, and equality before the
law.

Hydrologic Cycle – the continuous circulation of water from the oceans, ice sheets, lithosphere,
atmosphere, and all living things in the biosphere.

Identify – to recognize and name an object, person, or idea.

Ideas – something, such as a thought or concept, that potentially or actually exists in the mind as
a product of mental activity, an opinion, conviction, or principle.

Identify – to name something

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Immigration – To enter and settle in a country or region to which one is not native

Imports – goods and services that consumers in one country buy from producers in another
country.

Inalienable – (also unalienable) rights that cannot be given or taken away.

Incentives – factors that motivate and influence the behavior of households and businesses;
prices, profits, and losses act as incentives for participants to take action in a market economy.

Indentured servitude – a contract between two people where one party agrees to work without
any or minimal compensation to pay back money or an opportunity provided by the other

Indigenous – Originating and living or occurring naturally in an area or environment e.g.,


indigenous plants or the indigenous people of a country

Income Taxes – taxes paid by households and business firms on the income they receive.
Indian Removal Act (1830) – Native Americans were forced to sign treaties agreeing to move
west of the Mississippi.

Individual choice – decisions made by people acting separately.

Individual Ownership – a business owned and managed by one individual who assumes all risk
of loss and gets all the profit.

Individual Rights – fundamental to American constitutional democracy is the belief that


individuals have certain basic rights that are not created by government but which government
should protect. These are the right to life, liberty, economic freedom, and the pursuit of
happiness. It is the purpose of government to protect these rights, and it may not place unfair or
unreasonable restraints on their exercise. Many of these rights are enumerated in the Bill of
Rights.

Inflation – an increase in the general level of prices people pay for goods and services. A
popular measure of inflation is the consumer price index.

Infringement – contrary to or violate; go beyond the proper or usual limits.

Innovation – a newly introduced idea, invention or way of doing things that changes the world.

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Institutions – customs, practices, relationships, or behavioral patterns of importance in the life


of a community or society: the institutions of marriage and the family. Established organizations
or foundations that reflect the culture and beliefs of a people

Integration – The bringing of people of different racial or ethnic groups into unrestricted and
equal association

Interdependence – people relying on each other in different places or in the same place for
ideas, goods, and services.

International – between or among nations; having to do with the relations between nations.

International Monetary Fund (IMF) – an organization set up to lower trade barriers between
countries and to stabilize currencies, often by lending money to developing nations.

International Trade – the exchange of goods and services between or among nations.

Interpretation – an explanation of something that is not immediately obvious.


Investment – purchase of tangible assets, such as machines, factories, or inventories that are
used to produce goods and services for the purpose of making a profit.

Investments in Capital Resources – business purchases of new plant and equipment.

Investment in Human Resources – activities that increase the skills and knowledge of workers.

Invisible hand – term used by Adam Smith to describe the natural force that guides free market
capitalism through competition for scarce resources.

Islam – A monotheistic religion characterized by the acceptance of the doctrine of submission to


God and to Muhammad as the chief and last prophet of God.

Jihad – A Muslim holy war or spiritual struggle against infidels (those who do not believe in the
doctrines of the Islamic faith)

Jim Crow Laws – the systematic practice of discriminating against and segregating Black
people, especially as practiced in the American South from the end of Reconstruction to the mid
– 20th century.

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Judicial Branch – the Branch of the Federal government responsible for interpreting laws. The
Supreme Court heads it. A major responsibility is to protect individual rights and settle conflicts
or disputes.

Justice – people should be treated fairly in the distribution of the benefits and burdens of society,
the correction of wrongs and injuries, and in the gathering of information and making of
decisions.

Key – an explanation of the features, colors, or shading on a map or chart

Kinship – the patterns and rules of relationship among people who are

linked or related to each other through shared descent from common ancestors

or through marriage.

L
Labor – the physical and mental exertion that human beings put into production activities.

Labor force – those who are working or actively seeking work.

Landform – the shape, form, or nature of a specific physical feature of the earth’s surface; e.g.,
plain, hill, valley, plateau, bay island

Land use – the range of uses of Earth’s surface made by humans. Uses are classified as urban,
rural, agricultural, forested, etc.

Latitude – a measure of distance north or south of the equator.

Law – a set of rules, issued and enforced by a government that binds every member of society.

Law of Demand – if supply is held constant, an increase in demand leads to an increased market
price, while a decrease in demand leads to a decreased market price.

Law of diminishing returns – a point beyond which the application of additional resources
yields less than proportional increases in output.

Law of diminishing marginal utility – the principle that as additional units of a product are
consumed during a given time period, the additional satisfaction for the consumer decreases

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Law of Supply – if demand is held constant, an increase in supply leads to a decreased price,
while a decrease in supply leads to increased price.

Learning – a relatively permanent change in behavior that occurs through experience.

Legal – according to the law; permitted by law; lawful

Legend – an explanatory description to the features on a map or chart

Legislative Branch – passes laws to protect individual rights and promote the common good.

Libertarian party – libertarians believe in complete liberty, free enterprise, and personal
responsibility without the constraints of government. http://www.lpty.org

Liberty – includes the freedom to believe what you want, freedom to choose your own friends,
and to have your own ideas and opinions, to express your ideas in public, the right for people to
meet in groups, and the right to have any lawful job or business.
Life – each citizen has the right to the protection of their life; individuals right to life should be
considered inviolable except in certain highly restricted and extreme circumstances, such as the
use of deadly force to protect one’s own or others’ lives.

Limited Resources – the condition of there not being enough resources to fulfill all wants and
needs.

Line graph – a means of displaying data by connecting lines between dots representing the
values of a continuous variable.

Lithosphere – the uppermost portion of the solid Earth, including soil, land, and geologic
formations

Location – where something is:

Absolute Location – the exact position on the globe using addresses, grid coordinates, or the
imaginary lines of longitude and latitude

Relative Location – the location of a place or region in relation to other places or regions (e.g.,
northwest of or downstream from).

Longitude – the position of a point on Earth’s surface expressed as its angular distance, east or
west, from the prime meridian to 180°

Loss – the investment lost in a business when its expenses exceed its income

Lumbering – industry involved in cutting timber and selling it.

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Major World Processes – population growth, economic development, urbanization, resource


use, international trade, global communication, and environmental impact.

Marbury v. Madison (1803) – case in which the Supreme Court held that it had the power of
judicial review over acts of Congress.

Market – the place where buyers and sellers come together to make transactions of goods and
services.

Market Economy –an economic system based only on the interaction of market forces, such as
supply and demand. A true market economy is free of governmental influence, collusion and
other external interference, and buyers and sellers making exchanges determine prices
Mediation – to come in to help settle a dispute; be a go between; act in order to bring about an
agreement between persons or sides.

Meeting of the Three Worlds – the era of early North American history when the people of
North America, Europe, and Africa interact on the North American continent.

Melting pot – Term was coined in the early 1900s by playwright Israel Zangwill in his play The
Melting Pot. The term refers to the Zangwill’s theory that immigrants to the United States lose
their unique national-ethnic identities upon their arrival in the United States and become
“Americans”.

Millennium – one thousand years

Minerals – a naturally occurring, homogeneous inorganic solid substance having a definite


chemical composition and characteristic crystalline structure, color, and hardness.

Migration – to move from one place to settle in another.

Miranda Rule – an arresting officer’s requirements to inform criminal suspects of their rights
before questioning.

Mixed Economy – an economy that combines elements of the traditional, market, and command
economic models.

Model – a set of assumptions and hypotheses that is a simplified description of reality.

Monarchy – a system of government in which the head of state, usually a royal figure (king,
queen) is a hereditary position

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Monetary Policy – the regulation of the money supply and interest rates by a central bank, such
as the Federal Reserve Board in the U.S., in order to control inflation and stabilize currency.

Money – a medium of exchange, a good that can be used to buy other goods and services.

Money Market Deposit Accounts (MMDA) – An MMDA is an interest-bearing account that


allows you to write checks. It usually pays a higher rate of interest than a checking or savings
account. MMDAs often require a higher minimum balance, and you are limited to only three
checks per month. Most institutions impose fees on MMDAs.

Movement – the moving of people, ideas, information and products around the world.
Multicultural – a social or educational theory that encourages interest in many cultures within a
society rather than in only a mainstream culture

Muslim also Moslem – A believer in or adherent of Islam

NAFTA – North American Free Trade Agreement – the United States, Canada, and Mexico
formed a major trading block in 1992 that removed tariffs and other barriers to the creation of a
free trade zone among the three countries.

Narratives – in social studies narratives are stories or tales about events that identify the people
involved, describe the setting, and sequences the important events.

Nation – a culturally and politically unified group of people bound together by a strong sense of
shared values, institutions and cultural characteristics

National interests – a perspective that puts the well-being of the nation before any other
consideration

Nationalism – The belief that nations will benefit from acting independently rather than
collectively, emphasizing national rather than international goals.

NATO – North Atlantic Treaty Organization founded in 1948 to curb communist expansion.
There are nineteen member countries of NATO, the North Atlantic Treaty Organization. They
are: Belgium, Canada, Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland,
Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Spain, Turkey, United Kingdom,
and United States.

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Natural/Physical Characteristics of Place – a description of “what is there naturally,” the gifts


of nature, such as water, minerals, land and timber.

Natural Resources – anything from the natural environment that people use to meet their needs.
They are “gifts of nature” that are present without human intervention.

Needs – those things that everyone must have to survive.

Negotiate – to arrange for or bring about through conference, discussion, and compromise.

NGO – a non-governmental organization (NGO) is any non-profit, voluntary citizens’ group,


which is organized on a local, national or international level. NGOs perform a variety of services
and humanitarian functions, bring citizens’ concerns to governments, monitor policies and
encourage political participation at the community level, e.g. the Red Cross.

Nonrenewable resource – a finite resource that cannot be replaced once it is used e.g.,
petroleum, minerals

Northwest Ordinance – in 1787 Congress set up a government for the Northwest Territory and
outlawed slavery there. It also provided for the vast region to be divided into three to five
separate territories in the future.

Ocean – The entire body of salt water that covers more than 70 percent of the earth’s surface and
is separated by the continents; and whose principal divisions include the Atlantic, Pacific, Indian,
Arctic, and Antarctic oceans.

Oligarchy – a government controlled by a small group to serve their own purposes.

OPEC – the Organization of Petroleum Exporting Countries is an international cartel of thirteen


nations designed to promote collective pricing of petroleum, unified marketing policies, and
regulation of petroleum extraction.

Opportunity Cost – the next best alternative that must be given up when a choice is made. Not
all alternatives, just the next best choice.

Ownership – the right to use something and to enjoy its benefits.

Ozone – a gas formed from an interaction between oxygen and sunlight

Ozone Layer – a region in the earth’s upper atmosphere that protects life beneath by filtering out
dangerous ultraviolet solar radiation

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Parliamentary System – a system of government in which power is concentrated in a


legislature. The legislature selects one of its members, usually called a prime minister, as the
nations’ principal leader and other legislative members deserve as the leader’s cabinet.

Partisan – A fervent, sometimes militant supporter or proponent of a party, cause, faction,


person, or idea
Patriotism – virtuous citizens display a devotion to their country in words and deeds, including
devotion to the fundamental values and principles upon which it depends

Per Capita Income – the average income per person.

Personality – relatively stable pattern of behavior and thinking manifested in interactions with
self and others.

Personal Virtue – moral excellence, the consistent practice of moral action and the abstinence
from immorality and vice

Physical Features – natural characteristics of the earth’s surface such as land forms, climate,
winds, and ocean currents.

Physical/natural characteristics of place – the natural environment of a place such as water,


minerals, land, and timber.

Pie chart – used to display data that adds up to 100%

Place – a particular city, village, or area with distinctive physical and human characteristics that
distinguishes it from other places.

Plains – landform feature characterized by gentle slopes and minimum of local relief

Plateau – landform features characterized by high elevation and gentle upland slopes (e.g., the
Grand Canyon area of the United States.

Platform – A formal declaration of the principles on which a group, such as a political party,
makes its appeal to the public.

Plank – One of the articles or ideas of a political platform

Plessy v. Ferguson (1896) – the court ruled that segregation was legal so long as facilities for
blacks and whites were equal.

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Political Freedom – the right to participate freely in the political process choose and remove
public officials, to be governed under a rule of law; the right to a free flow of information and
ideas, open debate and right of assembly.

Popular sovereignty – the citizens are collectively the sovereign of the state and hold the
ultimate authority over public officials and their policies.
Population – the people who inhabit a political entity or region

Population – a group of individuals which interbreed or exchange genes primarily with each
other, and thus share traits in common more than with members of other populations. If a
population becomes split, as from migration, so that one part no longer interbreeds with the
other, gradually each separated group could accumulate changes not shared with the other and
would thus develop or evolve into distinctive populations.

Population density – the number of individuals occupying an area derived from dividing the
number of people by the area they occupy (e.g., 2,000 people divided by ten square miles – 200
people per square mile).

Populism – A political philosophy supporting the rights and power of the people in their struggle
against the privileged elite. In U.S. History the populist movement first gains national
importance in the presidential election of 1892. Agrarian reform and issues regarding
bimetallism are cornerstones of the movement.

Preamble – introduction to a formal document that explains its purpose.

Precedent – A judicial decision that may be used as a standard in subsequent similar cases: a
landmark decision that set a legal precedent.

Prejudice – holding unreasonable preconceived judgments or convictions especially pertaining


to irrational suspicion or hatred of a particular group, race, or religion

Presidential System /American Political System – a system of government in which the


legislative and executive branches operate independently of each other and in which power in
branches operate independently of each other and in which power is distributed through a system
of checks and balances.

Price – the amounts of money that people pay in exchange for a unit of a particular good or
service.

Primary Source Documents – original documents that help us learn about past people or events
(e.g., letters, diaries, maps, drawings, laws, statutes,).

Primary Sources – any document or artifacts that is direct evidence of historical events
including clothing, furniture, homes, recordings, documents and photographs.

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Privacy – the state of being free from unsanctioned intrusion.

Private Goods – goods that are privately owned and used to benefit only their owners.
Private Life – concerns the personal life of the individual such as being with family and friends
or practicing ones own religious beliefs.

Process – a series of gradual changes bringing about a result.

Processes – the series of changes by which something develops (major world processes are
population growth, economic development, urbanization, resource use, international trade, global
communication, and environmental impact.)

Producers – people who use resources to make goods and services.

Production – the act of growing, making or manufacturing goods and services.

Productivity – the amount of output per unit of input.

Profit – the positive gain from an investment or business operation after subtracting for all
expenses. Opposite of loss

Propaganda – the systematic spreading of ideas or beliefs reflecting the views and interests of
those advocating a doctrine or cause.

Property – that which is legally owned by an individual or entity.

Property taxes – taxes paid by households and businesses on land and buildings.

Public Goods – goods and services that are provided by the government. They are often too
expensive or not practical to be obtained by individuals.

Public Policy – decisions and laws that a government makes about an area of public concern to
guide the actions of government.

Public policy issue (should questions) – an issue about which reasonable people will disagree.
Questions of public policy require individuals in authority to make decisions or create policies
that will affect the public lives of all the citizens in a community or nation.

Public Service – service to local, state, or national communities through appointed or elected
office.

Pull factors – in migration theory, the social, political, economic, and environmental attractions
of new areas that draw people away from their previous location.

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Pursuit of Happiness – the right of citizens in the American constitutional democracy to attempt
to attain – “to pursue” –happiness in their own way, so long as they do not infringe upon rights
of others

Push factors – in migration theory, the social, political, economic and environmental forces that
drive people from their previous location to search for new ones.

Race – commonly used to refer to regional human populations assumed to be significantly


genetically different from each other, though in the same species. Anthropologists hold that this
view ignores the vast amount of genetic diversity within any population and the minimal
importance of differences between populations, so that race is used to refer to ethnic group
(cultural) differences as though they had a biological basis. Recent DNA research shows that the
amount of DNA variation within any population is more than 16 times greater than DNA
differences between populations.

Racism – an irrational belief in an advocacy of the superiority of a given group, people, or


nation

Reapportionment – the number of representatives in Congress is fixed. The Supreme Court has
established that all election districts must be equal or nearly equal in population. States which
must make changes as a result of new census figures (situations where new districts are drawn or
seats lost—reapportioning) often experience rancorous debate by the political parties.
Reapportionment plans can affect the ease with which a party can get its candidates elected.

Rebate – A partial refund following a purchase.

Reciprocity – mutual exchange, especially an exchange of special privileges in regard to trade


between two countries

Reconstruction – period after the Civil War when the south was re-built; also, the Federal
program to rebuild it.

Referendum – The submission of a proposed public measure or actual statute to a direct popular
vote.

Reform – movement to improve unsatisfactory conditions.

Region – an area that shares common characteristics. Regions can be physical regions; land
formations and climate; human traits that make up a region such as language, religion history and
political boundaries.

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Regulation – rules and laws the government makes to control the economy. In laissez-faire
economic systems there is no regulation of the economy. In the United States, the government
participates in the economy to assure the accomplishment of the economic goals of government.

Relative Location – describes where a place is in relation to other places.

Relative Price – the price of one good or service compared to the prices of others goods and
services.

Religion – A personal or institutionalized system grounded in such belief and worship.

Religious Liberty – there shall be full freedom of conscience for people of all faiths or none.
Religious liberty is considered to be a natural inalienable right that must always be beyond the
power of the state to confer or remove. Religious liberty includes the right to freely practice any
religion or no religion without governmental coercion or control.

Representative Democracy – a system of government in which the people choose political


leaders to make policy decisions on their behalf.

Republic – a republic is a sovereign state in which all segments of society are enfranchised and
in which the state’s power is constitutionally limited. A republic is distinguished from a true
democracy in that the republic operates through a representative assembly chosen by the
citizenry, while in a democracy the populace

participates directly in governmental affairs.

Resources – all natural, human and man-made aids to the production of goods and services. Also
called productive resources.

Rule of Law – principle that every member of a society, even a ruler, must follow the law.

Rural – areas of low population density

Sales Taxes – taxes paid by the consumer on the goods and services people buy.

Savings Accounts – with savings accounts you can make withdrawals, although the number you
can make each month may be limited. Savings accounts usually earn interest. Institutions may
assess various fees on savings accounts, such as minimum balance fees.

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resource is provided to assist with the improvement of student achievement based on Michigan
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Scale – on maps the relationship or ratio between a linear measurement on a map and the
corresponding distance on Earth’s surface. For example, the scale 1:1,000,000 means one unit
(mile or kilometer) on the map and represents 1,000,000 similar units on Earth’s surface. Also
refers to the size of places or regions being studied.

Scarcity – the condition that occurs because people’s wants and needs are unlimited, while the
resources needed to produce goods and services to meet these wants and needs are limited.

Secondary Sources – summaries and interpretations of original artifacts.

Segregation – The policy or practice of separating people of different races, classes, or ethnic
groups, as in schools, housing, and public or commercial facilities, especially as a form of
discrimination

Separation of Powers – the distribution of political power among the branches of government,
giving each branch a particular set of responsibilities.

Services – an intangible act, which satisfies the wants or needs of consumers such as medical
advice and education.

Shortages – the situation resulting when the quantity demanded exceeds the quantity supplied of
a good, service, or resource.

Site – the specific place where something is located, including its physical setting (e.g., on a
floodplain).

Situation – the general location of something in relation to other places or features of a larger
region (e.g., in the center of a groups of cities).

Sketch Map – the representation of all or part of the surface location on a flat piece of paper
drawn from memory.

Slavery – the institution that supports the holding of human beings as property

Specialization – the situation in which a nation produces a narrower range of goods and services
than they consume/specialization in mass production occurs when a worker repeats a single
operation over and over.

Socialism – any one of various systems in which the means of producing goods are owned by
the community or the government rather than by private individuals with all people sharing in
the work and the goods produced.

Social organization – the rule-governed relationships of individuals and

groups within a society that holds it together.


Michigan Department of Education “Helping teachers teach and children learn” This
resource is provided to assist with the improvement of student achievement based on Michigan
social studies standards—a necessary component of responsible citizenship – 32 –

Soil – unconsolidated material found at the surface of Earth, which is divided into layers (or
horizons) characterized by the accumulation or loss of organic and inorganic compounds. Soil
types and depths vary greatly over Earth’s surface, and are very much influenced by climate,
organisms, rock type, local relief, time, and human activity.

Sovereign – the person, body, or state in which independent and supreme authority is vested;
such as, in a monarchy, a king, queen, or emperor—in the United States, the people.

Stock Market – a financial market which is organized to buy and sell stocks through exchanges,
over-the-counter, and electronically

Subculture – a distinctive set of standards and behavior patterns by

which a group within a larger society operates.

Subsidy – a payment made by government to encourage some activity.

Substitute goods – goods that can be used interchangeably. The consumption of one replaces the
need to consume the other.

Supply – the quantities of a good or service that a firm is willing and able to make available for
sale at different prices (economic concept of supply and demand).

Surpluses – the situation resulting when the quantity supplied exceeds that quantity demanded
of a good, service, or resource.

Synthesize – build a structure or pattern from diverse elements. Put parts together to form a
whole, with emphasis on creating a new meaning or structure.

Taking a stand – supporting one side of an issue of public policy

Tariff – tax on foreign goods brought into a country. An official schedule of taxes imposed by a
government on imports or exports

Taxes – required payments of money made to governments by households and business firms.

Theory – a set of principle that can be used to make inferences about the world.

Three Basic Economic Questions – 1.) What goods and services will be produced and in what
quantities? 2.) How will they be produced? 3.) For whom will they be produced?
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Timeline – a graphic means of displaying historical events in chronological order

Tolerance – a disposition to allow freedom of choice and behavior

Totalitarian – country where a single party controls the government and every aspect of the
lives of the people

Trade/Exchange – trading goods and services with people for other goods and services or for
money. When people exchange voluntarily, they expect to be better off as a result.

Trade-offs – giving up one thing to get something else.

Traditional Economy – an economy in which the three basic questions are answered by custom,
or how things have been done in the past. Roles in traditional economies are gender based and
often inherited. Barter holds an important position.

Treaty – A formal agreement between two or more states, as in reference to terms of peace or
trade.

Trial – the examination before a court of the facts or law in a court case

Trojan Horse – a subversive group that supports the enemy and engages in espionage or
sabotage; an enemy in your midst; a large hollow wooden figure of a horse (filled with Greek
soldiers) left by the Greeks outside Troy during the Trojan War

Truth – A statement proven to be or accepted as true; in a democracy the principle that the
government and citizens should not lie.

Tyrant – one who exercises absolute power without legal authority

Unalienable – (also inalienable) rights that cannot be given or taken away; that cannot be
transferred to another

Unemployment – the situation in which people are willing and able to work at current wages but
do not have jobs.

Unicameral – a state government with a single legislative chamber


Urban – an area characterized as a city or town where the population density is greater than in
the surrounding area and is acknowledged as a major cultural, service, and production location in
a region

Urbanization – a process in which there is an increase in the percentage of people


living/working in cities and towns

Values – beliefs of a person or social group in which they have an emotional investment (either
for or against something); those things that are considered to be most important by a person or
group

Vigilante – One who takes or advocates the taking of law enforcement into one’s own hands.

Voluntarism – people who work without monetary compensation to help others in their family,
schools, communities, state, nation, and the world.

Voluntary Exchanges – choosing to give one thing in exchange for another without being
coerced

Wants – things that people desire.

Watershed – an area of land drained by a river and its tributaries

Weather – atmospheric conditions as regards to temperature, moisture, winds

Wetlands – productive land areas that are flooded for at least part of the year

World Processes – population growth, economic development, urbanization, resource use,


international trade, global communication, and environmental impact.
ABSTRACT

This research work investigates the nature, forms of land tenure system in South Sudan with
specific case of Central Equatoria state.

The statement of the problem emanated from the fact that


the problem of land tenure system in South Sudan in general
and Central Equatoria state in particular is intractable.
Many people complain that their land have been grabbed,
lands grabbers claims that they are the legitimate occupants.
Though issues surrounding land tenure system have caused
a lot of insecurity in Central Equatoria state little is being
known about its impact on development hence the needs for
this research.
The study objectives were; to find out the understanding of land tenure system in the State,

to find out the nature of land tenure system in the State,

to find out the challenges associated with the process of land tenure system in the State and

to find out how the current land tenure system affects development in the State

the research concludes therefore that land tenure system in South Sudan is very chaotic and this
has caused a lot of conflict and death to the people. The study recommended land tenure system
reforms such that land could belong to the people and held in trust by the state.
Table of contents
DECLARATION.. ii

APPROVAL.. iii

DEDICATION.. iv

ACKNOWLEDGEMENT.. v

ACRONYMS AND ABBREVIATIONS. vi

OPERATIONAL DEFINITIONS. x

ABSTRACT: xlvii

Table of contents xlviii

CHAPTER ONE.. 1

INTRODUCTION AND BACKGROUND TO THE STUDY.. 1

1.0 Introduction. 1

Background to the Study. 2

1.2 Statement of the Problem the problem. 3

1.3. The Purpose of the Study. 3

1.4.0. Objectives of the Study. 3

1.3.1. General Objective. 3

1.4.2. Specific Objectives. 4

1.5. Research Questions. 4

1.6.0. The Scope of the Study. 4

1.6.1. Geographical Scope. 4

1.6.2. Time Scope. 5

1.7. The Significance of the study. 5


CHAPTER TWO.. 6

LITERATURE REVIEW… 6

2.0 Introduction. 6

2.1 The Conceptual Framework of the Study. 6

2.2 Summary. 6

2.3 Definitions: 7

2.4 The Main Land Tenure Security Problems Experienced in Study Some Countries: 10

2.5 Land Tenure Insecurity Experienced by Minority Groups. 10

2.6 High Population to Land Ratio. 11

2.7 Unclear or Overlapping Land Rights. 11

2.8 Land Alienation without Compensation. 11

2.9 Corrupt or Exploitative Administrative Practices. 12

2.9.1 Farm Labour and Tenant System.. 12

2.9.2 Land Encroachment and Illegal Settlers. 12

2.9.3 Women’s Independent Land Rights are Limited. 13

2.9.4 Lesotho. 14

2.9.5 Malawi 16

CHAPTER THREE. 19

METHODOLOGY. 19

3.0 Introduction. 19

3.1 Research design. 19

3.2 Data type and sources. 19

3.3 Area and population of study. 19


3.4 Sample size and selection. 19

3.5 Data collection techniques. 20

3.5.1 Observation. 20

3.5.2 Questionnaire. 20

3.5.3 Interview. 20

3.6 Data analysis. 20

3.7 Ethical consideration. 20

3.8 limitations to the study and Solutions. 20

CHAPTER FOUR.. 22

PRESENTATION AND DISCUSSION OF FINDINGS. 22

4.0 Introduction. 22

4.1.0 Key findings related to Personal Background. 22

4.1.1 The Sex of the Respondent. 22

4.1.2 The Age of the Respondent. 22

4.1.3 The Educational Level of the Respondent. 23

4.1.4 The Occupation of the Respondent. 23

4.2 Objective One: the Understanding of Land tenure system in Central Equatoria State. 24

4.3. Objective Two: Factors that influence land allocation in Central Equatoria state. 24

4.4 Objective Three: the Nature of land Tenure System mostly Practice in the State. 24

CHAPTER FIVE.. 26

CONCLUSION AND RECOMMENDATION.. 26

5.0 Introduction. 26

5.1 CONCLUSION.. 26
The status of women’s land rights in Central Equatoria State. 27

5.2 RECOMMENDATIONS. 28

5.3 General 29

5.4 Specific to women’s land rights. 29

REFERENCES. 31

Appendix One: Research Questionnaire. 41

Appendix Two: Map of South Sudan. 50

Appendix Three: The Map of Central Equatoria State. 51

List of Tables
Table 4.1.1: Showing the Sex of the Respondents. 22

Table 4.1.2: Showing the Age of the Respondent. 22

Table 4.1.3 Shows Education Levels of Respondents. 23

Table 4.1.4: Showing the Occupation of the Respondents. 23


Table 4.1.5: Showing the Nature of Land tenure system practiced in the state. 24

List of Figures
Table 4.1.5: Showing the Nature of Land tenure system practiced in the state. 24

CHAPTER ONE
INTRODUCTION AND BACKGROUND
TO THE STUDY

1.0 Introduction
The word land has come to take up various meanings under different disciplines or pre-
occupations. In its simplest form, it may mean the surface part of the earth above the sea.

But this appears to be a rather restrictive definition because it recognizes only the immediately
visible aspect of the land.

In a cultural context, Bohannan defined land as a measurable entity divisible into thing like
«parcel» by means of mathematical and technical processes of surveying and cartography.

In a geographical context, Vink has defined «a tract of land as a specific area of the earth’s
surface : its characteristics embrace ail reasonably stable, or predictably cyclic attributes of the
biosphere vertically above and below this area including those of the atmosphere, the soil and
underlying rocks, the topography, the water, the plant and animal populations.

The economic definition of land is opten stated by Raleigh Barlowe as the sum total of the
natural and man-made resources over which possession of the earth’s surface gives control
Within this broad conception, land includes the ground, water, ice, forests and mineral deposits.
It also includes natural phenomena such is as sunlight, wind, rain and temperatures as well as
man-made improvements like farm fixtures attached to the surface of the earth.

Everywhere, land takes up importance as a commodity for daily use for many purposes. For
several decades, land has continued to influence the lives of people socially, economically and
politically. In the process of using the Iand, complex set of relationships has emerged among
groups.
Generally, land constitutes a sensitive asset whose administration must be based on meaningful
policy decisions to benefit most all people. Land is the most important resource-input in
agriculture and so, policies affecting it affect the farming population more so than other members
of the community. The concept of land tenure has been described as a systematization of the
rules which function by specifying what différent classes of persons may or may not must or
must not

Background to the Study


Central Equatoria State CES has always been experiencing conflict and tension over the issue of
land, and the issues of land tenure in South Sudan has become a big challenge to National
government GOSS, State, Counties, and customary authorities.

However, assessing land for the development in Central Equatoria is still a challenge. Land in
Juba just like any part of the South Sudan is divided into private, Customary and public, and
this is complicate by the fact that the land is within the hands of the few individuals. Moreover
much of it is not survival or illegally documented for the easy of sale or buying.

As the case of Juba in Central Equatoria State, land has been source of tension between different
groups of community in South Sudan. The need for promoting private development and
investment by GOSS, CES and local government authorities has caused these government
authorities to attempt to exercise control over the allocation of land.

During Sudan as a one country, land laws and land practices had been shaped by the existing
system whereby all land had been regarded as the property of the state and land administration
had concentrated powers in the central government in Khartoum.

Nevertheless, with the signing of the CPA, this system of land administration changed; for the
first time in the history of the Sudan, the written laws gave prominence to customs, traditions,
and values of the people and gave recognition to the rights of the indigenous communities to own
land which they have been traditionally relying on for survival.

The Interim Constitution of Southern Sudan (ICSS), 2005; the Interim Constitution of Central
Equatoria State (ICCES), 2006; the Land Act, 2009; and Local Government Act, 2009 of the
Laws of Southern Sudan; and the Local Government Act, 2008 of the Laws of Central Equatoria
State have confirmed ownership of land vested in government had had to be through designated
level of government and decentralized and incorporated the principle of devolution of power in
land administration.

The conflict over land in Central Equatoria State was more obvious, which lead a lot of land
transaction and incursion of people seeking land for investment or settlement. However lack of
awareness of the laws and hindrance in establishing appropriate institutions and policies that will
guide the implementation of the decentralized system of land administration underling cause of
conflict in South Sudan.
There has consequently been a real power crisis in land administration and confusion in roles of
some of the existing institutions at the different levels of GOSS and state and local government.
This did not only affect the system of land administration, but also the aspect of ownership of
land. With the requirement of registration of land by communities, different levels of
government, and individuals, as provided under the 2009 Land Act, there has been a clash in the
quest for the control of land which belongs either to the communities or individuals within the
communities and to certain levels of government. As a result, land planning and allocation has
been a big challenge facing the different governmental levels.

1.2 Statement of the Problem


the problem of land tenure system in South Sudan in general
and Central Equatoria state in particular is intractable.
Many people complains that their land have been grabbed,
lands grabbers claims that they are the legitimate occupants.
Though issues surrounding land tenure system have caused
a lot of insecurity in Central Equatoria state little is being
known about its impact on development hence the needs for
this research.
1.3. The Purpose of the Study
The purpose of this study is to make contributions to the academic world about the concept of
land tenure system. The study is also useful because it will help unravel why there are so many
cases of land disputes, grabbing while also giving recommendations to stakeholders to inform
policy.

1.4.0. Objectives of the Study


1.3.1. General Objective
The general objective of the study was to assess the effects of land tenure system on
development in south Sudan taking a case study of Central Equatoria State (2005-2012)

1.4.2. Specific Objectives


The study was guided by the following specific objectives:

1) To find out the understanding of land tenure system in the State

2) To find out the nature of land tenure system in the State


3) To find out the challenges associated with the process of land tenure system in the State

4) To find out how the current land tenure system affects development in the State

1.5. Research Questions


The study was guided by the following questions

1) What do people mean by the concept land tenure system in Central Equatoria State?

2) What are the forms of land tenure system in the Central Equatoria State?

3) What are the challenges associated with the process of acquiring land in CentralEquatoria
State?

4) How is the current land tenure system affecting development in Central Equatoria State?

5) How should the current forms of land tenure system be improved in order to promote
development?

1.6.0. The Scope of the Study


1.6.1. Geographical Scope
The study took place in the republic of South Sudan which lies between latitudes 3° and 13°N,
and longitudes 24° and 36°E. It is covered in tropical forest, swamps, and grassland. The White
Nile passes through the country via Juba. South Sudan is composed of ten (10) states, Central
Equatoria state which is taken as the case study of the research is one of the most strategic states
of South Sudan. It is host the Capital city of the republic. After the signing of comprehensive
peace agreement in 2005, Juba which is the capital city of the republic started receiving people
from all corners of South Sudan and hundreds of thousands of prospective investors.

1.6.2. Time Scope


The study covered a period of nine months in thesis development, data collection and processing.
The study focused at analyzing and examining issues surrounding land tenure system and and
made recommendations. The study covered a period from 2005-2012, basically the period when
Juba and other towns of Central Equatoria experienced rapid expansion.

1.7. The Significance of the study


1. The study will give a clear understanding of the land tenure system so that other stakeholders
in state and other actors can be guided in their decisions of acquiring and managing land
resources.

2. It will expose the challenges which are being met in acquiring land in the state and how to
mitigate these challenges.

3. The research will also be useful for general reading to those interested in studying the concept
of land tenure system and land management.

4. The study is expected to contribute to the existing knowledge and provide a basis for further
research.
CHAPTER TWO
LITERATURE REVIEW

2.0 Introduction
This chapter presents a review of literatures written by other authors concerning this topic. This
chapter therefore guided and gave the researcher the directives regarding the study as he
analyzed the views of other authors.

2.1 The Conceptual Framework of the Study


Figure 1: Shows the schematic Representation of the
Conceptual Framework

Independent variable

Dependent
Land tenurevariable
system

Development
Intervening variable

 Nature of society
 Size of population
 Size of the country
 Government policy
 Level of economic
development

2.2 Summary

The conceptual framework attempts to explain the relationship between three variables namely;
independent, intervening and dependent variables. For the purpose of this study, the researcher
identified land tenure system as independent variable as this will affect development of the
country this is taken as dependent variable. There are also other conditions that must exist for
these relationships to occur; this is referred to as intervening variables
2.3 Definitions:
Land tenure is the system of rights and institutions that govern access to and use of land (Adams,
2001). It can be further defined as the terms and conditions under which land is held, used and
transacted and is one of the principal factors determining the way in which resources are
managed and used and the manner in which benefits are distributed.

There are basically two principal forms of land tenure systems found in Africa
namely: customary and statutory tenure. Customary land tenure system is governed by unwritten

traditional rules and administered by traditional leaders. Active occupation or usage of a piece of
land is the main evidence of ownership or an existing interest on the land. In customary tenure,
access to land is contingent upon tribal or community membership controlled by the chief. Alden
LW and Mbaya Sue (2000)

Households have strong, exclusive residential rights, seasonally exclusive rights to arable

land, and shared rights to grazing land and natural resources. Land is not alienable from the
community trust, so under this system land cannot be used as collateral security for loans.

An individual’s land use rights are secure, subject to certain conditions, which include that the
land be more or less continuously cultivated, subject to periodic fallow.

Statutory land tenure system is governed by modern law and supported by documentary
evidence, such as a title deed or lease certificate, and administered by the government.

Land ownership under the statutory tenure system is often built on freehold or leasehold
entitlements to the land and offers exclusive rights to the owner, which guarantee land tenure
security.

Land rights in freehold include the ability to sell the land, rent it to others and to use it as
collateral for a mortgage. Before colonization, the dominant form of land tenure system was
customary. Today, virtually all countries in the Africa have a dual land tenure system where
customary or communal system coexists with statutory private, freehold and leasehold land
rights. Adams M, Sibanda S and Turner S (1999)
The problem of inequitable distribution of land is historical in most countries in Africa especially
those that experienced widespread colonialist settlement on agricultural land. In the post-
independence period, land policies have aimed at redistributing land from the large-scale
commercial sector to the landless, and those with only marginal access to land.

Although land distribution has been a core issue, land tenure reform has not been given sufficient
attention. For example, in reviewing progress made in land reform in Southern Africa, Mbaya
(2002).

Until recently, customary systems were perceived as anti-developmental and the preference was
for statutory systems. Some critics argued that customary tenure provides insufficient security
that contributes to low levels of investment, is inflexible in responding to market signals
affecting choice of technology and crops and, because land is not marketable, better farmers have
difficulty gaining access to land. This view is changing.

Although there are disadvantages for some people, customary tenures provide low-cost access to
land for most of the rural population. Farmers have long-term and secure usufruct rights, and in
many places, customary tenures are evolving to accommodate new technologies and formal land
markets, at costs lower than state-run land titling and registration systems Bruce JW and S E
(1994)

In the last three decades there have been large degree of land reform in Africa especially in
Southern Africa, this land reforms include; the introduction of land titles for customary tenure.
However, the introduction land titles which attempts to do away with customary tenure have
proved expensive and divisive, undermining the legitimate rights of many land and resource
users in Africa(Quan, 2000).

The trend now in Africa indicates that many governments are recognizing the enduring
importance of customary tenure systems, and are trying to integrate these into sustainable
arrangements for the allocation and management of land rights.
Good land tenure system is associated with land tenure security. Land tenure security has links
with sustainable development and agricultural production. Providing security of tenure is often a
precondition for intensifying investments and agricultural production and hence a prerequisite
for better natural resource management

Many Literature review suggest that increased security of tenure in productive resources leads to
enhanced and sustainable agricultural production, as shown by (Maxwell and Wiebe (1998),
Roth and Haase (1998), von Maltitz and Evans (1999). Tenure security has a marked effect on
expectations of a return on an investment of both labour and capital. This is as true in rural
settings as it is in the urban sector of the economy

Studies in Southern Africa reveal that with land tenure security, Farmers will be more likely to
make medium- to long-term land improvements if their tenure is secure because they will be
more likely to benefit from investment. There would be fewer disputes and they would be able to
use resources that might otherwise have been used for litigation (Roth and Haase, 1998).

According to Maxwell and Wiebe, 1998), there is a linkage between land tenure security and
householdproduction. Tenure security is one of the factors affecting the way households utilise
assets. If tenure is secure, the standard of living is relatively high given available household
resources and an environment conducive to production. If tenure becomes insecure, however, the
household becomes less productive and the standard of living declines.

Since colonial times, the dominant belief has been that individual tenure is more progressive,
modern, efficient, and better for economic growth than indigenous communal tenure. The
arguments in favor of titling claimed that customary tenure is insecure for the small farmer and
provides no incentive for land improvements, that it prevents land from being used as collateral
for credit and that it prevents the transfer of land from inefficient users to efficient ones.

It is expected that indigenous customary tenure would wither, but it has proved surprisingly
resilient and adaptable, and has coexisted with modern tenure (Palmer, 2000). The most effective
form of policy intervention would be governmental guidance and coaxing, so that customary
tenure systems evolve and operate more effectively.
2.4 The Main Land Tenure Security Problems Experienced
in Study Some Countries:
2.5 Land Tenure Insecurity Experienced by Minority
Groups
In Botswana, minority groups, such as hunter-gatherers, reported cases of insecurity; this was
especially true of the Basarwa tribe. The Tribal Grazing Lands Policy of 1975 implemented in
Botswana resulted in an estimated 20,000 people, including smallholders, persons without stock
and huntergatherers, losing their rights to utilise or occupy the land, as ranches were demarcated
and given to individuals and groups for commercial use, with boreholes and fencing (White,
1999).

Because rights to hunt and gather are not recognized under customary or statutory law, the
indigenous San people, whose traditional hunting grounds have been fenced in, are now being
displaced and relocated in settlements (Adams et al, 2003). Literature also indicates that similar
groups are experiencing the same thing in Namibia. In Malawi, land users not related to the core
lineage members in a community referred to as “akudza or obwera” are increasingly becoming
targets for eviction, or are compelled to share land legitimately

allocated to them with newer immigrants or members of the core lineage (interviews with key
informants).

In some countries such as South Africa, the rural poor are vulnerable and have their access rights
eroded, or impinged upon by the state, by powerful individuals, or by other community
members. They have no clear administrative protection.

2.6 High Population to Land Ratio


There is a massive demand for land in countries that have high population densities such as
Malawi – as high as 146 persons per square kilometre in the southern Region – which results in
widespread land tenure insecurity. Lesotho and South Africa also experience this problem in
certain parts of the country. The difficulties created by land pressure and tenure insecurity
manifest themselves through increased land degradation, particularly in customary land areas.

2.7 Unclear or Overlapping Land Rights


The legal status of small farmers in the former homelands of South Africa is unclear (Lahiff,
2001). Tenure rights are often overlapping and conflicting because the original land holders were
forced to accommodate thousands of refugees from apartheid, who were sometimes told by state
officials that they had been awarded land in compensation, or who became informal tenants
without clear contractual agreements. There is no administrative support for existing practices3.
As a result, there is a complex and often dysfunctional mixture of old and new institutions and
practices. People are often confused about the real extent and nature of their rights or about what
institutions and laws affect them (Adams, 2001).

2.8 Land Alienation without Compensation


In Malawi, small farmers occupying the land under customary tenure have been alienated from
the leasehold of their land since the late 1960s. The area of land farmed in this way has been
shrinking in size over the years so that by the end of the 1980s the acreage lost because of
transfers was in excess of 700,000 Ha.

Meanwhile in Mozambique before the Land Law of 1997, small farmers were losing land to
well-placed individuals and foreign investors who were lawfully acquiring state farmland at the
expense of smallholders and small private Mozambican interests. Tenure security was weak for
all agricultural producers and investors, particularly for smallholders.

In Zambia, insecurity because of land alienation in customary areas is caused by State


intervention. Grants of land to investors in customary areas in the 1995 Land Act, otherwise
known as “conversion” of customary to statutory tenure, have been the main reason for
insecurity in these areas.

At present, the conversion of customary land to statutory land is a clandestine process and those
likely to be affected have no opportunity to question the transaction (Hansungule, 2002). This is
because the Lands Act (1995) allows the President to alienate customary land to leasehold
provided he consults with the local chief, thus depriving other stakeholders in the community of
a voice in the proceedings (Hansungule, 2002). Converted state land cannot revert to its original
status, even if the title deed is cancelled.

2.9 Corrupt or Exploitative Administrative Practices


In almost all countries tenure insecurity is sometimes caused by the exploitative behaviour of
traditional chiefs and government officials. In Malawi and Zambia, it has been discovered that
tenure security under customary tenure is sometimes dependent on the smallholder’s good
relationship with the chief or other traditional authority figure.

2.9.1 Farm Labour and Tenant System


Farm workers are particularly vulnerable because they have no recognized rights as workers.
Reports indicate that farm labour tenants, black workers on leasehold or freehold farms who pay
for the use of agricultural land by working for the farm owner, also lack land tenure security
(Lahiff, 2001). In the early 1990s, an estimated 30,000 to 40,000 families were labour tenants in
Mpumalanga and KwaZulu-Natal

(Cousins, 1997). Both farm workers and labour tenants were, and still are, highly vulnerable to
evictions by landowners. Malawi has the same problem.

2.9.2 Land Encroachment and Illegal Settlers


The ad hoc expert group identified that farmers in some countries in the region experienced
tenure insecurity because of land encroachment and invasion by illegal settlers. Affected farmers
cannot prevent invasions without legal protection.

2.9.3 Women’s Independent Land Rights are Limited


Under customary tenure, and even statutory tenure in some countries, the land rights of women
are still limited. A later section covers this issue in detail.

Over the years Botswana has developed a robust land administration system, which has greatly
contributed to good governance and economic progress. The Tribal Land Act of 1968 provided
for the establishment of Land Boards, which are non-political bodies composed of members
elected and nominated from the community, to take over the customary land administration
functions from chiefs and other tribal authorities. Tribal land is held either by the Land Board
itself or by eligible applicants as customary grants or common law leases.

The allocation powers of the chiefs were ceded to the Land Boards to ensure a more equitable
distribution of land. Twelve main Land Boards were established which began operating in 1970.

The Boards are empowered to award customary rights or common law leases to applicants, or to
transfer land to the State if it is required for public purposes. The Land Board issues customary
land grants in the form of certificates that are valid indefinitely and common law leases valid for
99 years. Both forms of tenure rights can be inherited. All Land Tenure Systems and Sustainable
Development in Southern Africa customary land grants may be converted into common law
leases at the grantee’s initiative.

All unallocated tribal land is common property. One of the most frequent complaints against
Land Boards is that they allocate land inequitably, that they favour those with influence and who
own many cattle, and they ignore the land claims of those who are politically inarticulate or have
few animals (Adams et al, 2003, White, 2000).

Many analysts and reveal that one of the main problems experienced with the Land Boards is the
length of time it takes to effect transfers and allocations, creating a source of insecurity.

Notwithstanding these challenges, Botswana’s Land Boards are often held up as a model of
democratic development. In no other country in Southern African region has land been so
judiciously administered as an essential component of good governance (Adams et al, 2003).

Botswana has succeeded where others have failed, partly because of the consultative and

systematic policymaking processes that it follows in various sectors, including land. This process
of policy development and change is in stark contrast to that played out elsewhere in the region,
where it is difficult to detect a linear relationship, or any other kind of systematic relationship,
between the analysis of a problem or opportunity, the assessment of the evidence, the
formulation of recommendations and the announcement of a policy change (Drimie, 2003).

In 2002, Botswana embarked on a National Land Policy Review, which culminated in the draft
National Land Policy. It draws the government’s attention to the concerns about privatisation of
the commons by sectional interests in the cattle industry and the likely negative impact on the
livelihoods of the poor and outstanding issues concerning tenure insecurity of the poor, women,
minorities and other vulnerable groups. The draft National

2.9.4 Lesotho
In Lesotho also there was land policy program implemented there. It began with a Land Policy
Review Commission, appointed by the Prime Minister, which published its report in September
2000. The key issues raised in the Land Policy Review Commission’s Report include:
1) Constitutional issues, such as discrimination against women in customary law

2) Land tenure and administration issues, such as insecurity, delays in registration process,

3) inadequate information systems

4) Land market issues, such as informal land transactions

5) Land management and environmental issues, such as a lack of a comprehensive strategy on


land use and physical planning

6) Institutional issues, such as weak law enforcement and coordination of land institutions
across ministries; it was proposed that customary tenure be abolished.

The Commission also recommended that underutilized land be revoked for reallocation

to the landless and that a land market be introduced. These recommendations will help address
the tenure security problem of overcrowding and population to land ratio.

The Land Policy Review Commission also recommended the establishment of elected
District Land Boards to administer land in the 10 districts of the country. The suggested
composition of the District Land Boards includes farmers, a legal officer, a district land use
planner, a chief and property developers. To some extent the establishment of such land
administrative structures will contain insecurity caused by corrupt or exploitative administrative
practices by traditional leaders.

The National Land Policy was submitted for adoption in July 2003. The National Land Policy
draws on accepted principles and practices enshrined in international and national conventions:
justice, equity and gender equality promotes efficient land markets and security of tenure for the
marginalized groups such as women and provides for an expeditious and just system for
resolving land disputes.

The New National Land Bill is replacing the Land Act of 1979. The Cabinet approved
development of the land code in September 2003. With the new bill, land lease is the basic form
of land holding in Lesotho. There are three kinds of leases: (a) primary lease, the basic

form of rural land holding, which replaces allocation of land and is governed by the new Act
and indigenous law; (b) demarcated lease with clear rights and boundaries, which will become
the basic form of land holding in Lesotho in time and is governed by the new Act and either
indigenous law or Roman-Dutch law, and (c) a lease that can be registered and qualified that
continues as it is now according to the Land Act 1979.

Positive aspects of the reform are the government’s commitment and the innovative changes that
have revolutionized land tenure in Lesotho. The major challenges are: the lack of a substantial
consultative process that could result in rejection during implementation; the lack of involvement
of traditional leaders in land matters that could cause opposition or even insurrection; and
community councils may not be involved enough at a local level to manage land issues
effectively.

2.9.5 Malawi
45. In 1996, The Presidential Commission on Land Reform was established and its work led to
the formulation of a National Land Policy that was drawn up after countrywide consultation and
approved by Cabinet in January 2002 (GOM, 2002). The government is preparing a Sector Wide
Approach (SWAP) for implementation of the policy to which the World Bank, EU, DFID and
USAID are contributing. Component projects under design include land acquisition and
resettlement on under-utilised land to relieve landlessness.

The National Land Policy suggests some of the following tenure-related changes: Elevate
customary tenure to full common law status so that customary land will be categorized as private
land. Once the new land policy is in force, the categories of land recognized in Malawi will be
defined as government land, public land or private land. Private land is defined as both land
under freehold tenure and customary land that has been allocated exclusively to a clearly defined
“community, corporation, institution, clan, family or individual” (to be known as customary
estates). Leasehold estates may be created out of any category of land. Existing leaseholds on
what was previously known as public Land will be reclassified as leaseholds on government
land.

Comprehensive registering and titling of customary land interests. Customary estates will be
registered as private usufructuary rights in perpetuity, once the owner is registered, such title
may provide the basis for leasing or pledging as security. This is a defensive measure to offer
some security in a context of growing conflict and competition, including family conflicts,
insecurity and uncertainty, and ethnic nationalism. It also ensures that no more land will be
alienated from the customary land through arbitrary conversion to public land. Placing some
constraints on foreign ownership but applicants will be able to apply for citizenship.
Supporting and strengthening customary land tenure and putting its administrative integrity on a
firm, transparent and equitable foundation. This involves establishing village land committees
and village and land tribunals, as well as democratizing village land allocations. The village
headman’s exclusive authority to allocate land will end. The administrative rights and duties of
traditional authorities will be clarified, codified and made transparent.

Equal rights for men and women. In matters involving land inheritance, there will be no
victimization of a male child in the matrilineal society, and no victimization of the female child
in a patrilineal society. The laws of both matrilineal and patrilineal succession will be modified
to permit spouses and children to inherit the land. All children will inherit land equally.

Overall the New Land Policy is addressing some of Malawi’s major land tenure security
problems, specifically arbitrary land alienation into leasehold, overcrowding in the form of high
population land ratio and, to some extent, corrupt or exploitative administrative practices.

The new Land Policy still has some shortcomings. The Land Policy does not address one source
of land tenure insecurity directly – the insecurity of minority groups. Implementation will be
challenging. The proposed tenure reforms are demanding in terms of administration, skills and
financial resources. Gradual implementation of the suggested

recommendations over the long term might improve their effectiveness.

Another concern raised by key informants is that the incorporation of customary land
administration matters under the Land Law would result in the destruction of local culture.

The issue of placing customary land into statutory land is therefore likely to continue presenting
a huge challenge to the Malawian legislators.
CHAPTER THREE
METHODOLOGY
3.0 Introduction
This chapter presents the methodology used in the study. The chapter includes; research design,
data type and sources, area and population under study , the sample size and selection ,data
collection methods ,data analysis ,ethical consideration ,limitations to the study and solutions and
the organization of the report

3.1 Research design


The study was conducted using both quantitative and qualitative methods. Data was collected
from a sub set of population of of Central Equatoria state and other stakeholders dealing with
land management sector. local authorities and traditional chiefs were also contacted Non data
collection was made possible with the help of questionnaires, observation and interview guides
on various aspects pertaining to land tenure system and land management. They study generally
relied on both quantitative and qualitative data. Data was then processed and analyzed using
statistical techniques for easy presentation.

3.2 Data type and sources


The large portion of data was collected from primary sources. Secondary sources also provided
relevant data for the research. Relevant data were basically got from government policy
documents, the legal framework and other relevant publications and books.

3.3 Area and population of study


The researcher concentrated in central Equatoria state especially booming and heavily populated
city of Juba and towns of Kaya, Yei, Kajokeji, and lainya etc. The population of the study will be
100 respondents and this will be broken down as follows; 60 male and 40 as far as gender is
concerned. Out this 25 respondents will be from both government of Central Equatoria and
Government of South Sudan, 25 respondents will members from traditional authorities and
chiefs, 25 respondents will be land occupants in these city and towns and 25 will be from civil
society organizations dealing in land sector.

3.4 Sample size and selection.


The targeted population under study was the members of the population of Central Equatoria in
regardless of their tribes, nationality, and socio, economic and political status. A total of 100
respondents were sampled out since it was difficult to study the whole population of the State.
The researcher used both purposive and random sampling technique was applied to select
respondents and to ensure that key populations of needed were represented. The researcher took
a period of one month in data collection, analysis tabulation, reporting.

3.5 Data collection techniques


3.5.1 Observation
The physical demarcation, usage, process of acquisition of land and management as well as
ownership was observed.

3.5.2 Questionnaire.
Structured questionnaires were used to carry out the study which was distributed among the
selected respondents Here the questions were basically focusing on the five specific objectives.

3.5.3 Interview.
An oral interview schedule was also used to collect information from the key informants which
included local and Federal government officials, traditional chiefs and elders, nongovernmental
organization, Central Equatoria state.

3.6 Data analysis.


A systematic scientific investigation of quantitative and qualitative properties and phenomenon
and their relationships between variables was undertaken. The raw data gathered from the field
was coded and analyzed using EXCEL, SPSS, EVIEWS, and any applicable statistical package.
Data was then summarized on statistical tables comprising of percentages and frequencies, data
was also graphically presented for understanding.

3.7 Ethical consideration.


For this research, a letter of authority from the university of Juba was presented to all
respondents to ensure their consent and also maximum discipline was exhibited. Respondents
were also assured that the information would be treated with high degree of confidentiality and
will be used only for academic purpose.

3.8 limitations to the study and Solutions


1. Time factor among other things like attending my lectures, doing tests and assignments
which affected my proposal writing on time. However, the researcher used public
holidays and weekends.
2. Some respondents were not willing to give the required information and for that matter
the researcher had to motivate them by explaining to them the purpose of the research.
3. Illiteracy of some respondents also made my problem worst since some participants could
not read and write. There were also language barrier but this was mitigated by a used of
research assistant who was conversant with specific language to translate.
4. Financial constraints since the research involved too much paper work from the time of
proposal writing up to the time of final findings including transport costs however, the
researcher overcome this problem through personal savings and lobbying from other well
wishers.
CHAPTER FOUR
PRESENTATION AND DISCUSSION OF
FINDINGS

4.0 Introduction
The researcher in this chapter made presentation and discussion of findings based on the research
objectives as follows;

4.1.0 Key findings related to Personal Background


4.1.1 The Sex of the Respondent
Table 4.1.1: Showing the Sex of the Respondents.
Sex Frequency Percentage %
Male 30 75%
Female 10 25%
Total 40 100%

Source: primary data

The table above shows that out of the 40 respondents, 30 of them were males, representing 75%
and 10 of them were females indicating 25%.

4.1.2 The Age of the Respondent


Table 4.1.2: Showing the Age of the Respondent
Age Frequency Percentage %
<30yrs 12 30%
<40yrs 15 37.5%
<50yrs 8 20%
>50yrs 5 12.5%
Total 40 100
Source: primary data

The table 4.1.2 above illustrates that majority of the respondents were those aged between 30
and 40years; it shows 15 respondents aged between 30 and 40years ,indicating 37.5%, followed
by those between 20 and 30 years (30%), those aged below 50year were 8 representing 20% and
those above 50years were 5 indicating ( 12.5%).

4.1.3 The Educational Level of the Respondent


Table 4.1.3 Shows Education Levels of Respondents
Education Frequency. Percentage.
Primary 10 25%
Secondary 20 50%
Tertiary 10 25%
None 0 0%
Total 40 100%

Source: primary data

The table 4.1.3 above shows that the majority of the respondents were secondary school leavers
indicating, 20 (50%), and equal number of primary and tertiary school leavers indicating
25% (10) in each case respectively.

4.1.4 The Occupation of the Respondent


Table 4.1.4: Showing the Occupation of the Respondents
Respondents Frequency Percentage %
Politicians 32 80%
Civil Society 3 7.5%
Academia 5 12.5
Total 40 100

Source: primary data

The table 4.1.4 above shows that out of the 40 respondents 32 were politicians indicating 80%
and 3 respondents were from Civil Society organization and 5 from academia.

4.2 Objective One: the Understanding of Land tenure system


in Central Equatoria State
Out of 40 respondents, 25 did not know well the concept land tenure system, this represented
62%, and meanwhile 15 respondents had some understanding of the concept. Many respondents
attested to the idea that land tenure system is synonymous with land use.

4.3. Objective Two: Factors that influence land allocation in


Central Equatoria state
Out of 40 respondents, 30 attest that the factors affecting land allocation in Central Equatoria
state are; money, tribalism, social ties such as friendship etc, this represented 62%, meanwhile 10
respondents said that government authority plays a big role allocation of plots in the state.

4.4 Objective Three: the Nature of land Tenure System


mostly Practice in the State
The researcher subjected respondents to give their views on the nature of land tenure system in
the state and below are their responses;

Table 4.1.5: Showing the Nature of Land tenure system


practiced in the state
Nature Frequency Percentage %
freehold 15 37.5
Leasehold 05 12.5
Customary 18 45
Others 02 5
Total 40 100
In the table above out of 40 respondents, 15 respondents attest that the type of land tenure system
mostly used in the state is customary ownership, this represented 45%, and meanwhile 15
respondents said that freehold is also the main tenure system. There is also leasehold tenure
system noted by 05 respondents representing 12.5%. other forms indicated 02 respondents
represent 5%
CHAPTER FIVE
CONCLUSION AND
RECOMMENDATIONS

5.0 Introduction
In this chapter the researcher looks at the general conclusions of the research based on the
literature review and discussions and gives recommendation derived from this study in line with
the research objectives.

5.1 CONCLUSION
The study has revealed that land tenure insecurity is still widespread in Central Equatoria State.
It manifests itself in a number of ways. It appears in discrimination against other tribes of South
Sudan.

It also manifests itself in occurrence of overlapping land rights where same plot can be allocated
to two or more persons. In juba for instance, there is overcrowding in a small piece of land
sometimes people of the same tribe settle in one area of the city.

Land alienation and land grab is a common phenomena especially in the areas of Juba Nabari,
Kamiro, Gurei, Gumbo etc. there is very few leasehold. in Malawi, Mozambique and Zambia;
and in inappropriate and exploitative administrative practices and limited women’s land rights in
each of the study countries.

There is a gradual change from customary to leasehold tenure system. Though the Communal
Land Rights is still upheld, the community leaders now work closely with the state land authority
in Central Equatoria State.
To this effect there is needs to clarify land rights by transferring title from the local communities
to state and to establish and strengthen administration structures to govern the process of issuing
and registering land tenure rights to individuals in communal areas.

Exploitative administrative practices have been a long-standing source of tenure insecurity in


some countries. There is need for land reform strategy such that there is procedural safeguards
and regulations that ensure the land administration system reflects the will of the community and
that land administration officials are accountable. Democracy and accountability in land
administration are fostered by the recognition of group tenure rights for associations or
communities.

The study also concludes that Despite the progress made in addressing land tenure-related
problems in Central Equatoria state, much still needs to be done. Land tenure reform is not just a
matter of changing rules, but of implementing them. This requires the development of a
comprehensive Land Tenure Systems and Sustainable Development.. Ministries should look at
the design and implementation of training programmes that enhance capacity building and skills
development in the field. Experience in the region suggests that assistance from both
nongovernmental organizations and the private sector can complement government efforts.

The other tenure-related issue researched was the question of the relationship between customary
communal tenure and land degradation. Most of the selected key informants indicate that
customary tenure is partly responsible for land degradation. This occurs because of ignorance
about conservation, unsustainable traditional agricultural production and lack of inputs such as
labour, rather than because they do not have tenure security. In this regard, small farmers need
extension methods that focus on environmentally friendly technologies.

The status of women’s land rights in Central Equatoria


State
Women in Central Equatoria state are subjected to discrimination in land ownership and control
under both customary and statutory tenure systems. The main sources of discrimination are
patriarchal customary law and discriminatory statutory laws.
All respondents reported discrimination against women owning land under customary tenure due
to patriarchal attitudes and because of socioeconomic constraints such as lack of capital and
illiteracy.

There is no harmonization of the non-discriminatory land laws with marriage and inheritance
laws. Many respondents suggest that there is need for implementing strategies that promote
women’s land rights. There is need for a land law that recognizes the independent land rights of
women and there is also need to harmonized land law with marriage and inheritance laws to
ensure that women can take advantage of the land law.

Another critical issue is whether women are able to participate in decision-making about land
issues in their own communities. Traditional values often deny women a voice. Municipal
councils, tribal authorities and any other decision-making structures related to land must allow
men and women equal representation. The land policies of in South Sudan have not given scope
to women as members of land administration institutions.

Although the initiatives being undertaken are generally progressive, they have not addressed all
the major sources of discrimination. There is clear indication that the removal of legal clauses
that discriminate against women will not change day-to-day cultural and social behavior.
Discrimination in the form of customary land tenure will continue until long-term sensitization
and education campaigns influence traditional norms, values and laws to make it easier for
women to own and control land.

Women will only benefit from reforms that are explicitly translated into action and there is a
need for an organizational body to monitor how much they own or control within the new legal
framework at national and regional levels.

5.2 RECOMMENDATIONS
Based on the findings in this study, the following recommendations to improve land tenure
security and reverse the pattern of discrimination against women in land ownership and control
are put forward for consideration;

5.3 General
Develop transparent and accountable representative rural land institutions.
Develop laws that protect the land rights of minority groups.

Speed up the process of converting land policies to land laws.

Translate new laws and policies into programmes that are implemented on the ground and
prioritize resource allocation to support these activities.

Design and implement training programmes on new laws to ensure that change in land tenure
arrangements does take place on the ground.

Promote stakeholder participation in all land alienation exercises to prevent related tenure
insecurity.

Disseminate information about new land policies or laws that improve land tenure security to the
public.

Provide smallholder farmers with expertise on extension methods that focus on conservation and
agricultural technologies that are environmentally friendly.

Provide land management training for chiefs or the decentralized land administration

and ensure they have the power to monitor and enforce sustainable land use.

10. Create an enabling framework that includes improving access to land, and provision

of water rights, technology, markets, inputs, training and extension services.

11. Document customary land tenure systems.

5.4 Specific to women’s land rights


Review and repeal all laws, including provisions on inheritance, which discriminate against
women. Make statutory provision for joint registration of customary and statutory household
land rights for spouses.

Disseminate information about new laws that promote the rights of women to land so that they
are familiar to government officials, media, traditional leaders, land allocation committees, and
the development community working in rural areas.

Support the training of legal personnel, including those who administer customary law, on
women’s land rights issues.

Build the capacity of men and women to appreciate women’s land rights.

Initiate statutory provision for joint registration of customary and statutory household land rights
for spouses.
Harmonize land, marriage and inheritance laws.

Designate a body at sub-regional and national levels that will monitor closely the implementation
of the legal framework on the ground to ensure that women achieve land rights.

Develop gender disaggregated indicators at national and local level that measure progress
towards equity for women in land rights.

Establish equal representation of men and women in municipal councils, tribal authorities and all
decision-making structures related to land.

Actively engage in sensitization and education campaigns to change patriarchal attitudes.


Establishing new laws alone is not enough to change the status quo; existing gendered social
relations and cultural norms may quickly shape these laws.

Empower women socially and economically. This may involve legal literacy campaigns that
target rural women, provision of credit, waiving of transaction fees for land registration, and
accessing markets.

Domesticate international laws that promote the land rights of women

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Appendix One: Research Questionnaire
JUBA UNIVESRITY

COLLEGE OF SOCIAL AND ECONOMIC STUDIES

DEPARTMENT OF POLITICAL SCIENCE

Research questionnaire

For the selected respondents

As a sample population to participate in the interview on issues related to” Assessing the impact
of Land tenure system on Development in South Sudan”

A Case of the Central Equatoria State (2010-2012)

Introduction

Good morning/afternoon/evening/Sir/Madam

My name is Denis Dumo Scopas, a student of Juba University, pursuing Diploma in Political
Science. Carrying out research project with topic as mentioned above. You have been selected to
participate in the study. The views you express here are very important to this exercise and will
be treated with utmost confidentiality and solely for academic purpose.

SECTION (A)

(1) Bio Data

(1) Name (0ptional)……………………………….Sex (a), Male (b) Female

(B) Age

a) 18-29

b) 30-44

c) 45-65

d) 65+

2) Marital Status
a) Single

b) Married

c) Divorced

d) Widow

e) Others

3) Level of education

a) Non

b) Primary

c) Secondary

d) Technical/ University

4) Title……………………………………… (Optional)

SECTION (B):

Land tenure system in Central Equatoria State

1) Do you know what a land tenure system is? Yes/No

If
yes…………………………………………………………………………………………………

………………………………………………………………………………………………………
………………………………………………………………………………………………………

2) What does land tenure system mean to you?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

3) Do you know the type of land tenure in your community? Yes/No

If yes, list down the types?


………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

4) Do you own a piece of land?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

5) Which natural resources are found in the land in your Community or area?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………..6) who has control of these resources?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………

7) Of what benefit is the natural resource to the member of your Community?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
……….

8) Age and education of traditional leaders are likely to positively influence land tenure systems
in rural areas. Yes/No

9) How can someone acquire land in your community or area?

a) Buying

b) Inherited

c) Gift/ Donation

d) Others………………………………

10) Has any piece of land been given to the investors in your community? Yes/ No
a) Yes/ No

b) I don’t know

c) Don’t know

If yes, how did the investor get the land for investment?

a) Bought

b) Gift/ Donation

c) I don’t know

d) Others……………………

11) Which of the following is the best for your Community; do you think it is a best?

a) Free Hold

b) Lease Hold

c) Customary

12) To what use do you put the piece of your land?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
……

13) Which document show that one own piece of land?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
……………..

14) How is land been used in your Community?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………

15) Are you confirmable with way land is used in your Community or area? Yes/ No
16) Where do you go when you have a problem with your land?

a) Chiefs

b) Police

c) City Council

d) State government

e) Others…………………………………………………………………………….

17) Have you ever had conflict over land? Yes/ No

If yes, How did you resolute the conflict


………………………………………………………………………………………………………
………………………………………………………………………………………………………
…….

18) Has anyone been killed in your Community because of land? Yes/ No

If yes, explain

………………………………………………………………………………………………………
………………………………………………………………………………………………………

19) Which institution do you find most helpful in your Community?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
.

20) Of what benefit is your land?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………..

21) Has any land in your Community been given out by decree?

a) Yes/No
b) I don’t know

SECTION C

Factors that influence land allocation

1) Who own land in your Community or area?

a) Traditional Authority

b) State Government

c) National Government (GOSS)

d) Others…………………………………………

2) Who allocate land in your Community?

a) Traditional Authority

b) State government

c) National government (GOSS)

d) Others……………………………………..

3) If land was owned by one authority. Do you think there will be less conflict overland
allocation by one authority? Yes/ No

4) When is the land allocated?

………………………………………………………………………………………………………
………………………………………………………………………………………………………

5) How often are there conflicts or disagreement in land allocation in your Community or area?

a) Often

b) Very often

c) Rare

d) Never

6) Why is there Conflict when allocating land?


………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
7) How did investor gets to own land in your Community or area?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

8) What challenge are faces when allocating land in your Community?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
9) How do you think the challenge can be overcome?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
.

10) Are you aware of any special considerations made in favor of investors in your Community?

a) Yes/No

b) I don’t know

If yes, what considerations are given to encourage investor to get land in your Community?

………………………………………………………………………………………………………
………………………………………………………………………………………………………

11) What else should be done for the investor to get land more easily in your Community?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

12) Do you think investor’s interest in getting land in your Community deserves to be supported?

Yes/No

If yes, which kind of investor, do think should be support to get


land……………………………….
……………………………………………………………………………………………………

If no, please explain why they should not be supported?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
……………….

13) How does land allocation is affect development in your Community?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

14) Which of the following is the best for your Community to develop safely?

a) Selling Land to investor

b) Leasing land to investor

c) Renting land to investor

d) Donating to investor

e) Others ………………………………………………………………………….

15) If you were to leas your land to the investor, how much period of time do you think would
make the investor utilizes the land suitable?

a) 0-10 Years

b) 10-20 Years

c) 20-30 Years

d) + 40 Year

16) What is the process of allocate land in your Community or area?

a) Traditional Authority

b) State Government

c) National Government(GOSS)

d) Others……………………………………………………….
17) Which of the following best describe the cost of acquiring a piece of land in your
Community?

a) Free

b) Low

c) High

d) Very high

18) How is land use in your Community?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

19) Are you comfortable with the way land is allocating in your community or area? Yes/ No

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………

20) Is there any legislation over land allocation in your Community?

a) Yes/No

b) I don’t know

If yes, do you find this legislation effective in land administration?

a) Effective

b) Not effective

c) Very effective

21) How easy to access land to develop a piece of land in your Community?
a) Easy

b) Very easy

c) Difficult

d) Impossible

22) Which of the following case related to land are common in your Community?

a) Killing

b) Displacement

c) Grabbing

d) Others…………………………………………………………………

23) Who determine how is a piece of land is developing in your Community.

a) An individual

b) Traditional leaders

c) State government

d) National government (GOSS)

24) How do people in your Community get to know there is investor who wants a piece of land
for development in your Community?

………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………

25) Do you hold Community meetings to plan for land use in your area? Yes/ No

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