May- June 2012Tel: +211 (9) / +211 (9) jthub@yahoo.com

Transcription

1 SOS Sahel South Sudan, Juba Reports on the Baseline Surveys: Part 1: Land Issues in Central Equatoria State. Part 11: Resource-Based Conflicts in Warrap State. By: James ThuboAyul (PhD) Partners in Development Services (pds) South Sudan, Juba May- June 2012Tel: +211 (9) / +211 (9) jthub@yahoo.com 1

2 Table of Contents Contents Abbreviations and Acronyms Definitions and Concepts Reports on Baseline Surveys: Part 1: Land Issues in Central Equatoria State. Part 11: Resource-Based Conflicts in Warrap State. Page 2

3 Abbreviations and Acronyms ALP CPA CES CRS CSOs CBOs CPA IDPs FAO PDS PHCCs JICA NDI NRC NGOs MEST ODI ToR SSBS SSLC SSCCSE USAID UNICEF UN UNDP UNMIS Alternative Learning Programme Comprehensive Peace Agreement Central Equatoria State Catholic Relief Services Civil Society Organizations Community Based Organizations Comprehensive Peace Agreement Internally Displaced Persons Food and Agriculture Organization Partners in Development Services Primary Health Care Centres Japanese International Corporation Agency National Democratic Institute Norwegian Relief Council Non-Governmental Organizations Ministry of Education, Science and Technology Overseas Development Institute Terms of Reference South Sudan Bureau of Statistics South Sudan Land Commission South Sudan Centre for Census, Statistics and Evaluation United State Agency for International Development United Nations Children's Fund United Nations United Nations Development Programme United Nation Mission in Sudan 3

4 Definitions and Concepts: Access to land: The ability to use land and other natural resources, to control the resources and to transfer the rights to the land and take advantage of other opportunities. Land Tenure: The rules, authorities, institutions, rights and norms that govern access to and control over land and related resources Land tenure security: The people s rights to control and manage a parcel of land, using it, disposing of its produce and engaging in transactions, including transfers. Land allocation: One of methods for land users to acquire land use rights from the government at the first tier market of land. Land Grabbing: Accumulation of landholdings through illegal and/or illegitimate means Conflict: A relationship between two or more independent parties in which at least one of the parties perceives the relationships to be negative or detects and pursues opposing interests and needs. Conflict Management: Measures that are meant to limit, mitigate, and contain conflict, eventually enabling transformation from conflict to lasting peace by addressing the root causes and effects of conflict Conflict Prevention: Measures taken to keep low-level or long-festering disputes from escalating into significant violence between parties and to limit the spread of violence if it does occur Conflict Resolution: The process whereby a conflict or dispute which has arisen between two parties can be resolve with the help of a third party Intra-conflicts: Conflicts between two communities in different states Inter-conflict: Conflicts between two communities within one state Resource Management: system that monitors the extraction, use, and trade of natural resources among numerous stakeholders including the all consumers of natural resources Peace-making: Short-term diplomatic, political and military activities aimed at the immediate ending of violent confrontations and bringing about the conclusion of a peace accord. Early Warning: Systematic observation of a latent conflict using conflict prediction models and the objective is to detect the sign of conflict escalation in good time. (Early warning itself and initiate preventive measures) early response, early action. 4

5 Impact: The actual consequences of an intervention- whether intentional or unintentional for the life of the target groups and others involved. Natural Resources: Materials that occur in nature and are essential or useful for humans, such as water, air, land, forests, fish and minerals. Natural resources may be renewable or nonrenewable. Peace-building: The process of establishing a sustainable peace by addressing the root causes and effects of violent conflict. Stakeholders: The various groups (such as government, business, unions, international organizations, civil society) that have an interest in extracting, managing, and trade of natural resources 5

6 Part 1 Land Issues in Central Equatoria State 6

7 TABLE OF CONTENTS Contents Acknowledgements Lists of Tables List of Figures Page iii iv iv EXECUTIVE SUMMARY vii CHAPTER ONE METHODOLOGY AND DATA COLLECTION 1.1. Background Survey Objectives Overall Objectives Specific Objectives Methodology Data collection Structure of the Report 2 CHAPTER TWO AN OVERVIEW OF THE STUDY AREA 2.1 Geographical location and Climate Demographic and Socio-economic Characteristics Governance System and State Priorities Infrastructure and Basic Social Services Livelihood System 5 7

8 2.6 The Nature of Conflicts and Insecurity Impacts of Land Conflict and Dispute on the Study Area 8 CHAPTER THREE CONFLICT MANAGEMENT AND RESOLUTIONS 3.1 Government Agencies Traditional Local Authorities Youth and Women Local and International Development Partners 10 CHAPTER FOUR MAIN FINDINGS AND RECOMMENDATIONS 4.1 Findings Recommendations 13 References 14 8

9 Acknowledgements The survey team would like to express its sincere thanks and gratitude to the staff of South Sudan Land Commission, Lands Department in the State Ministry of Planning and Physical Infrastructure, Central Equatoria, Counties Executive Directors, Traditional Local Authorities and other land users for their valuable contributions in providing the team with the necessary data. We are also, indebted to SOS Sahel South Sudan for contracting Partners in Development Services (pds) South Sudan to undertake the study. Last but not least, we would like to acknowledge all those who had sacrificed their precious time that made this work a success particularly, the survey team members, Partners in Development staff and their associates in Juba, Khartoum and Addis Ababa. 9

10 List of Tables: 1. Table (1): Central Equatoria State Population by Counties: 2. Table (2): Priority Areas in Central Equatoria State. 3. Table (3): Parties to Conflicts and the Root Causes. 4. Table (4):International development Partners in the State. List of Figures: 1. Figure (1): Map of Central Equatoria State. 10

11 Executive Summary Land access and control are central to individual and all stakeholders. As such, this report presents the result of the study on land issues conducted during the period from 28 th May to 7 Th of June 2012 in CenralEquatoria State. Methods used in data collection were; review of secondary data from different government institutions, particularly Central Equatoria and Land Commission. Individual interviews and focused group discussions were the main source of primary data. The focal point of the study was on land issues including among others, accessibility, usage and control. The findings of the study shall guide SOS Sahel South Sudan in developing, formulating and setting intervention measures as well as conflict resolution programmes. The main findings of the study include: Illegal acquisition of land (Land grabbing) in Towns such as Juba and Yei; competition over grazing areas and water points; fishing ponds and hunting grounds; disputes over internal boundaries; absence of transparency and accountability within government organs in land allocations; lack of clear policy in land allocation for IDPs, returnees and government employees from outside the Central Equatoria State. Furthermore, other findings include; the non-implementation of Land Act 2009; lack of cooperation between community leaders with various government organs; and weak coordination between the Government of Central Equatoria State and the National Government. The last part of this report advances conclusions, suggestions and recommendations on preventive and mitigation measures against issues generating conflicts over land; promotion and development of policies, laws and regulations connected with land use, ownership, accessibility, management and conservation. In conclusion, we hope these recommendations advanced shall strengthen the capacities of local and international actors involved in land issues in the state. 11

12 CHAPTER ONE METHODOLOGY AND DATA COLLECTION 1.1 Background: SOS Sahel South Sudan aspires to reduce poverty in South Sudan through the development of livelihood options and the strengthening of methods of natural resource management and reduction of resource-based conflicts. The organization shall work closely with local communities by involving them in every step of their work from the initial stages of the development of projects through to the implementation stages. In doing so, SOS Sahel South Sudan shall aim to promote sustainability in its work by giving local communities the ability to manage projects into the future. The proposed organization working areas shall be in the Greater Bahr el Ghazal, Starting with Warrap and Central Equatoria States. 1.2 Objectives of the Study: Overall Objectives: The overall objective of this study is to collect and compile baseline information on land access, use and control in Central Equatoria; land-related conflicts and their impact on local communities and conflict resolution mechanisms Specific Objectives: The specific objectives of this study aimed at: Providing information on study area, location, topography, social services and livelihood systems. Identifying conflicts related to land ownership, their sources and impacts on the livelihood of local communities as well as on environment. Re-examining local government and local traditional authority's structures and their effectiveness in relation to conflict resolution before and after CPA Identifying the roles of some stakeholders in resolution of land conflict (Government organs, traditional local authorities, youth and women organisations, and development partners. 1.3 Methodology: The Survey team adopted combinations of methods for collecting the information namely individual interviews, focused group discussions, literature review, in addition to survey team 12

13 personal observations and perceptions. Among the documents and reports reviewed were from the Lands Department in Central Equatoria State; South Sudan Land Commission; International Development Partners reports; and other research studies documents relevant to the study. 1.4 Data collection: The study was conducted over a period of one month. A team of three people headed by senior researcher, Associate Professor of Agricultural Economics, Dr. James ThuboAyul conducted the survey in three Counties in Central Equatoria State. These Counties are Juba, Terkeka and Yei with the objective of investigating land issues as per attached ToRs. The other areas that documents were reviewed included areas bordering Central Equatoria, Awerial and Yirol Counties in Lakes State; Magwi County in Eastern Equatoria; and Bor County in Jonglei State. 1.5 Structure of the Report: This report is divided into four chapters. The first Chapter is an introduction and includes the methodology and the survey objectives. Chapter Two reviews the area under study; location and population, basic infrastructure, social services, state priorities and livelihood systems. Chapter three focuses on land conflict management and resolutions. That is, the roles of government agents, traditional local authorities, youth, women organizations and international actors. The last chapter of the report summarizes the main findings and recommendations. 13

14 2.1 Geographical location and Climate: CHAPTER TWO AN OVERVIEW ON THE STUDY AREA Central Equatoria state is the smallest state in the Republic of South Sudan, covering an area of 22,956 Km², with a population of 1.1 million people and borders Eastern Equatoria State to the east; Jonglei State to the northeast; Western Equatoria State to the west; Lakes State to the northwest, the Democratic Republic of Congo to the southwest and Uganda to the south (Figure 1). Climatically, Central Equatoria State is in the tropical climatic Zone, where annual temperature ranges from 24.7 to 34.5, with a long rainy season from April - November. Furthermore, the State is inhabited by fourteen tribes in which about 81 % lives in rural areas and 19 % in urban areas. Bari, Mandri, Kakwa, Pojulu, Makaraka, Kuku, Lugbara, and Lokoya are the main ethnic groups speaking different languages. Bari, local Arabic and English languages are the main local and official languages widely spoken in the state (CES Profile, 2010). 2.2 Demographic and Socio-economic characteristics: Based on Sudan Census (2008), the population of Central Equatoria State was 1,103,952, with Juba County having the largest population, followed by Yei County. Lanyia County had the smallest population (see Table 1).The Population density of the state was reported as 26 person/sq.km. In terms of sex distribution, the population of male was 52% and the females were 48%. Table (1): State population by Counties: County Population Area (Km²) Juba 362,423 18, Yei 201,443 6, Kajkej 196,422 2, Terekeka 140,396 10, Morobo 103,603 1, Lainya 89,315 3, Total 1.103,952 43,033 Source: Sudan Census,

15 Figure (1): The Map of the Study Area (Central Equatoria State). Source: Adopted from UNOCHA, Other important demographic indicators revealed that 46% of the population were below the age of 18, 15% were under the age of 5; and 44% of adult were literate (SSBS 2011).This implies that over 50% of the population were young, thus creating a high level of dependency on families. Also, the Central Equatoria State has a high level of literacy (44%) compared to other South Sudan States. 15

16 2.3 Governance System and Priority Areas: The State Government is composed of the Executive, the Legislature and the Judiciary; and is headed by an elected Governor, assisted by a deputy and Advisors who work closely with him beside State Ministers who are in charge of the implementation of government policies in their respective ministries. At lower level, the state is divided into 6 Counties namely Juba, Lainya, Morobo, Kajo-Keji, Terekeka and Yei and 41 Payams. Each County is headed by an appointed Commissioner, assisted by an Executive Director that works in collaboration with local traditional authorities in overseeing County affairs, delivering basic social services, providing development, collection of taxes, and provision of security. Also, both bodies are important in solving conflicts, disputes and cases among communities as they are the link between the community and the other government organs at the higher levels. Juba town is the capital of both Central Equatoria State and the Republic of South Sudan. Other important towns of the state include Yei, Terekeka, Mororbo, Lainya, Kajokeji, Tali and Kaya. In terms of priorities, the State Government has identified a number of priority areas as part of the future plan. The table below highlights some of these priority sectors. Table (2): Central Equatoria State Priority Sectors Sector/ Area General sector Basic Infrastructure Education Health and Nutrition Food Security and Livelihoods Mine Action Priority Reintegration of refugees and IDPs, increase access to basic services, promotion of peace dialogue among communities Construction of roads and bridges Training of teachers, provision of additional space, provision of learning and teaching materials, Increase access to maternal and child health services, promotion of awareness of good infant and young child feeding practices. Provision of seeds, tools and vaccines, distribution of emergency food for population affected by conflicts and drought. Clearance of main roads all over the State from mines Water and Sanitation Provision of safe water supply to conflict affected populations, promotion of community sanitation and good hygiene practices, promotion of sustainable water facilities 16

17 IDPs and Refugees Provision of basic services Source: CES Profile, UNMIS, Juba, Infrastructure and Basic Social Services: With regard to infrastructure, development and other basic social services such as education, health and sanitation, Central Equatoria State enjoys better facilities compared to other states in South Sudan because of its position as the capital of the state and the seat of the Government of the Republic of South Sudan. For example, in terms of education the gross enrollment for primary school in the State was 92,506 pupils in 2011.and the percentage of girls attending primary school was estimated at 44% (SSBS, 2011). In the health services, the Central Equatoria State was repoted as having 5 referral Hospitals and 31 Primary Health Care Centres (PHCCs). The mortality rate per 100,000 live births was 1,867 and children under five years mortality rate for 1,000 live births was 141.1(SSBS, 2011).Moreover, the percentage of population that has access to improved water sources and sanitation were 36.6% and 20.2% respectively. 2.5 Livelihood System: Ninety percent of the local population in Central Equatoria State practices subsistence farming and the main ecological zones that determine the livelihood systems are: Ironstone plateau, Hills and Mountains, and the Greenbelt. Cattle herding, small scale petty trade, border trade, beekeeping, fishing, hunting of wildlife and harvest of forest products are the other livelihood activities. There are two harvests a year and the main crops and vegetables grown by the local population include: maize, sorghum, Cassava, sesame, beans, cabbages, okra, mulukia and other leaf vegetables, in addition to different varieties of cash crops (coffee, tea) fruit trees (mango, guava, lemon, orange and pawpaw). 2.6 The Nature of Conflicts and Insecurity: Central Equatoria State, like other parts in South Sudan, has witnessed numerous cases of conflicts since the signing of CPA in Most of those conflicts are generated by varieties of factors which include the following: Competition over pastures and water points for livestock, Grabbing (illegal acquisition of land for settlement); Internal border disputes, Cattle raiding and theft motivated by the desire to accumulate wealth, marriages and settlement of dowry. 17

18 Family feuds, vengeance and counter-vengeance, and settlement of grievances using violent means. Power struggle over political senior positions in government. Parties involved in these conflicts include: The IDPs and returnees Urban settlers, mainly from out side the Central Equatoria State. Government institutions. Potential Investors, local and foreign. Pastoralists communities Farmers or agricultural communities States and Counties Table (3): Parties in conflicts and the reasons generating those conflicts Parties in Conflict Location Reasons for conflict Mandri pastoralists VsDinka pastoralists Mandri pastoralists Vs Bari agriculturalists Mandri pastoralists VsNyangwaraagriculturalis ts Bari agriculturalists Vs Madi and Acholi agriculturalists Source: Survey Team, 2012 Terekeka, Bor, Awariel, Yirol Terekeka, Juba Terekeka, Mundri Juba, Magwi Competition over pasture, water points and fishing ponds, cattle raiding, revenge, counterrevenge, and border dispute. Encroachment on farms, competition over pastures, hunting grounds, forest products and power struggle Encroachment on farms and competition over hunting grounds and forest products Encroachment on farms, competition over mining, hunting and forest products, dispute over borders Terekeka and Juba Counties in Central Equatoria, Bor County in Jonglei,Awerial and Yirol Counties in Lakes, Mundri in Western Equatoria and Magwi County in Eastern Equatoria have registered cases of conflicts since the CPA 2005 (see Table 3). These Counties in conflict share borders and they interact because of the nature of their livelihood activities (cattle herding, farming and harvesting of forest products). 18

19 The intervention and resolution mechanisms adopted by some stakeholders in the State are mainly, provision of basic social services such as water, education, health, capacity building, peace-building and conflict resolution, awareness programmes, logistical support and advocacy. 2.7 Impact of Conflict and Dispute over Land: The direct impact of conflict on the communities involved includes: Disruption of livelihood activities such as agricultural activities, rearing of livestock, collection of firewood, charcoal, and wild fruits. Creation of tensions among communities and insecurity, especially between farmers and pastoral communities, and between IDPs and locally-settled communities. Mass displacement of population and livestock, and loss of properties and assets. Limiting the mobility of communities from one area to another as well as halting of trade activities in the area of conflict. Curtailing the capacity of government and other actors in providing basic social services and development. Staining of inter-communal and societal relationships as it affects marriages, meetings, visits, and other cultural and communal joint activities. The indirect impacts of conflict on the communities are also visible, such as:: Anxiety, fear, stress and vulnerability among communities in conflict as well as those who are not directly involved but resident in that area. High rates of unemployment and poverty among the conflicting communities. This in turn, becomes a ripe environment for criminal offences, social upheaval, and absence of coherent among the communities. CHAPTER THREE CONFLICT MANAGEMENT AND RESOLUTION 19

20 In this report, conflict management refers to the steps taken by an authority to limit, mitigate, and contain conflict, eventually enabling transformation from conflict to lasting peace by addressing the root causes and effects; whereas conflict resolution is a process whereby a conflict or dispute which has arisen between two parties can be resolve with the help of a third party. The key actors interviewed by the Survey Team in order to identify their roles in conflict management and resolution in the study area were: 3.1 Government Agencies: The instruments used by the state to deal with conflict- related to land as well as accessibility and control included; Land Commission, Land Departments, Judiciary, Local Government and Traditional Local Authorities. The methods used by these organs to contain, manage and resolve conflicts were; Mediation between parties to conflicts, Facilitation of disputants to resolve their problems through negotiations, Arrangement of meetings and dialogues. Investigation, seeing cases and instituting fines. Enforcing law and order. 3.2 Traditional Local Authorities: The Local Authority consists of diverse hierarchies of tribal chiefs, their assistants, elders and opinion leaders in the communities. This is an organ in charge of tribal affairs and is normally headed by a Paramount Chief, assisted by sub-chief or Omda, and a headman at the bottom. Traditional Local Authority is granted legal powers to maintain law and order and to collect taxes, and exercise influence on local communities and act as an intermediary between communities and local governments. The main role played by Traditional Local Authority has been powerful in the past before the wars, using traditional set mechanism for solving conflicts or disputes within community members or with outsiders. The factors that have weakened this system of rule since than have been:- Militarization of the society, which resulted in the use of force to settle disputes and breakdown of law and order at the grassroots level. Expansion of education among the society and urbanization process, thus neglecting the indigenous methods of obtaining solutions to conflicts. Encroachment by the local government, judiciary and other law enforcement agents on the traditional powers of the Traditional Local Authority. 20

21 Displacement and migration of communities to other settlement areas that had created other parallel structures to traditional local authority. The methods adopted by Traditional Local Authorities for conflict management and resolution include: Customary mediation through acceptable elders by parties to conflict. Compensation to victims after vindication by competent court. Restitution. Reporting cases of incidents to the concerned government organs. Representing the tribe in matters of concern with outsiders. Maintaining law and order in the community in collaboration with other relevant bodies until the conflict is resolved between the parties. 3.3 Youth and Women: Although the youth and women are among the vulnerable groups and major tool in peace mechanism, yet they can be at times triggers to serious war and conflict situations. The Survey Team identified the role of youth and women in conflict management and resolution as being: Peace-makers and peace educators through their organizations and church congregations. Mediators, particularly women elders. Supportive to community leaders and elders during peace and reconciliation process. 3.4 Development Partners: Local and International Development Partners such as NGOs, CSOs, CBOs, were involved in resolution of conflicts at different stages from minor resource disputes to violent ethnic conflicts. Their areas of intervention were: Provision of basic social services in the IDPs camps. Counselling services in camps for the victims in trauma. Supply of food and non-food items. Facilitation of dialogue between conflicting parties. Opening of feeder roads between settlements. Support to government and civil society initiatives on peace-building and in resolving conflicts through workshops, studies, conferences, awareness and capacity building (Table 4). 21

22 Table (4): International development partners participating in land related issues Partner AECOM Catholic Relief Services (CRS) Norwegian Relief Council (NRC) PACT Safeworld UN-HABTIAT Land Form Members SSLC, (NRC, FAO, USAID, UNHCR UNDP JICA Activity Capacity building of local authorities in conflict mitigation and response Early Warning System, peace messages on radios, peace building and capacity through Catholic Church, Counseling, legal assistance Dissemination of information on Land Act and raising awareness of rights on land Support agencies carrying-out peace building activities, collect information on conflict and conflict resolution, commissioned research and conduct conflict analysis, provide capacity for local NGOs and CBOs, provide technical support to the Peace Commission and Land Policy Working Group, support law enforcement agents and water management at community level. Provide support to communities on security awareness and community police dialogue. Provide support to South Sudan Land Commission mainly on dispute resolution mechanisms for land conflicts. Support the work of SSLC in development of policies, laws, regulations, capacity building, logistic and materials Support to Justices (rule of law promoters) Logistics and materials supply Source: CES Profile, 2011 CHAPTER FOUR MAIN FINDINGS AND RECOMMENDATIONS 22

23 After an intensive literature review, consultations and discussions with relevant stakeholders, the Survey Team came up with the followings findings and recommendations: 4.1 Findings: Central Equatoria State has better basic social services and infrastructure compared with the other nine states, as a result of hosting the National Capital (Juba) and centre of trade and investment. High rate of illegal acquisition of land (grabbing) and unplanned settlement of a large proportion of population including IDPs, returnees and government employees. Therefore, there were prevalence of high rate of violence and tension between the local communities and the incoming settlers. The land administration structures were found to be weak and inefficient due to the lack of transparency, accountability and coordination, in addition to corruption and illegal practices within the government agents responsible for land allocation. Despite the existence of legal provision in both National and State Constitutions that recognizes equal rights of women to access, use and acquire land, customary law, which is gender-bias, discriminates women. This indicates lack of respect to laws and violation of human rights. Conflict over land in Central Equatoria State was found to be the different among multiple parties, such as: - Pastoralists with agriculturalists. - Agriculturalists among themselves. - Pastoralists among themselves. - Permanent resident communities with government. - National government with Central Equatoria State government. - Local investors with local communities. - Local communities with the new urban settlers from outside Central Equatoria State. - State with other States over internal borders. - Counties with Counties over their boundaries. Other findings compiled by the Survey Team indicated that there was lack of government consultation with the leaders of local communities with regards to community land allocated to different users; weak capacity of law enforcement agents to provide adequate security and equitable justice. 4.2 Recommendations: Based on the findings, the following recommendations are provided: Review of the current land policies, act, laws and other related documents to land in order to examine their effectiveness and efficiency; and recommend for the development of 23

24 new policies and laws that address the current land issues. The developed policies and laws should:- - Reflect the interests of all land users and communities, including IDPs and returnees. - Ensure transparent, fair and equitable land distribution. - Encourage dialogue and reconciliation among conflicting parties. Strengthening the capacity of all stakeholders including South Sudan Land Commission, State Land Department and the existing law enforcement agents and recommend for the establishment of new structures capable of addressing all issues related to land. Strengthen the capacity of the existing law enforcement agencies (general police prison, community police, and other security organs) and recommend for establishment of new structures to properly address issues of land disputes and allocation by enacting the developed land laws and policies. Develop appropriate tools and other mechanisms to improve the performance and governance institutions through training and capacity buildings of the land officers, community leaders and other concerned land actors. Develop and implement appropriate tools for managing conflicts related to access and ownership of land between conflicting parties in the state, as well as compensation for property damaged such as crops. Government and other stakeholders, including traditional authorities, to device ways and means of settling the returnees (IDPs and refugees) in a way that would ensure their access to land resources to rebuild their lives and livelihoods in a conflict-free environment. References: 1. USAID (2010). Land Tenure in Southern Sudan: Key Findings and Recommendations for Southern Sudan Land Policy. 2. Deng, David K. (2011). Land Belong to The Community. Demystifying the 'global land grabbing' in Southern Sudan. 24

25 3. Deng, David K. (2010). The New Frontier, a baseline Survey of large- scale land-based investment in Southern Sudan. 4. Pantuliano, Sara (2007). The Land Question: Sudan Peace NEMESIS. 5. Wassara, Samson S. (2007). Traditional Mechanisms of Conflict Resolution in Southern Sudan. 6. CES (2011). Central Equatoria State Profile. 7. SSCCES (2O11). South Sudan Centre for Census, Evaluation and Statistics, Key Indicators for South Sudan. 8. SSCCES (2O11). South Sudan Centre for Census, Evaluation and Statistics, Key Indicators for Central Equatoria State. 9. UNDP Sudan (2009). Land Issues and Peace in Sudan. 10. UN (2010). UN Interagency Framework Team, Land and Conflict Guidance, Note for Practitioners. 11. USAID (2004). Conducting a Conflict Assessment: A framework for Strategy and Program Development. Part 11: Resource-Based Conflicts in Warrap State 25

26 TABLE OF CONTENTS Contents Acknowledgements Lists of Tables List of Figures Executive Summary Page iv v vi x CHAPTER ONE SURVEY METHODOLOGY 1.1 Background Desktop Research Objectives of the Study General Objectives Specific Objectives Scope of the Tasks Process and Time Schedule Structure of the Report Materials and Methods 3 CHAPTER TWO AN OVERVIEW ON THE STUDY AREA 2.1 Location and Climate Administrative Set-up Demography and Population Patterns 4 26

27 2.4 Social Services Livelihood and Economic Activities Livestock in the State Livestock Marketing Livestock migration Routes Rivers and Streams Forests and Game Reserves CHAPTER THREE THE NATURE OF CONFLICTS IN WARRAP STATE 3.1 Areas of Frequent Conflicts Parties to Conflicts Roots causes of conflicts Impacts of Conflicts on the Study Area Conflicts management and Resolutions Youth and Women Government Agencies Traditional Local Authorities Local and International Development Partners 17 CHAPTER FOUR FINDINGS AND RECOMMENDATIONS 4.1. Findings Recommendations 21 References 23 Annexes

28 Acknowledgements The team would like to express its sincere thanks and gratitude to all staff of the ministries of Agriculture and Forestry, Animal Resources and Fisheries, Planning and Physical Infrastructure, Education, Health, Local Government and the Warrap State Secretariat for their valuable contribution and support during the survey. We are very much indebted to SOS Sahel South Sudan for contracting Partners in Development Services (pds), South Sudan Office, to conduct this survey. Moreover, both local and International Development Partners and local Traditional Authorities, Community and Church Leaders, Youth and Women are acknowledged and appreciated for their contribution. Lastly, we are thankful to all those who had contributed in one way or the other and are not mentioned above. 28

29 List of Tables: Table (1): Warrap State Population by Counties, Table (2): Number of Schools in the State, Table (3): Number of Teachers by Sector Table (4): Numbers of School Pupils by Counties Table (5): Health facilities by Counties Table (6): Water facilities by Counties Table (7): Livestock Population in the State Table (8): Livestock Diseases in the State Table (8): Important Trees in the State Table (9): Game Reserved Areas in the State Table (10): Counties affected by Conflicts Table (11): Development Partners in the State: List of Figures: Figure (1): Warrap State 29

30 Executive Summary Since the signing of Comprehensive Peace Agreement (CPA) in 2005 that put an end to the protracted destructive civil war in Sudan, South Sudan had experienced cases of inter- and intratribal conflicts. Most of these conflicts are related to resources, particularly competition over land for agricultural activities, pastures for livestock grazing, fishing ponds, and forests products utilization, in addition to resource allocation and power struggle. This report presents the results of a baseline study conducted in Warrap State during the period from May 2012 on resource-based conflicts, with emphasis on the Counties where frequent incidences of conflicts occurred. These Counties are those bordering the Unity, Lakes and South Kordofan(including Abyei) states. Among others, Counties surveyed by the team included, Tonj South, Gogrial East and Gogrial West, in order to investigate cases of conflicts between settled communities (farmers), pastoralists (cattle herders), government, returnees, IDPs and investors. A team of three members conducted the survey, using individual interviews, focused group discussions and meetings with Government and international development partners to generate the primary data. Also, relevant documents such as reports and previous studies were reviewed to obtain secondary data. The focus of the study was to overview the study area in terms of location, basic infrastructure and social services, livelihood systems and resources in the state. The other areas of emphasis were the nature of conflicts, root causes, impact, management, preventive measures and conflict resolution. The findings of this study are intended to guide the SOS Sahel South Sudan in setting its intervention programs and projects in the area of study. The main findings identified, among others, included inadequate basic social service facilities; wide spread of poverty and unemployment among community members; mass displacement as a result of conflicts; competition over pasture land; water points; fishing ponds; cattle raiding and thefts; encroachment on farming land by pastoralist communities; disputes over intra- and intertribal borders; competition over hunting grounds and forest products utilization; struggle between IDPs and settled population over relief hand-outs and basic social services in the area; lack of cooperation among the community leaders; weakness in the law enforcement agencies; current decentralization system of governance that strongly encourages administration of tribal 30

31 and regional tendencies because states and counties are highly localized in terms of employment and political assignments; family feuds; revenge, grievances; absence of comprehensive development and power struggle among the elites. The last part of this report is composed of conclusion and recommendations: All stakeholders including government, should cooperate and work hand- in- hand in order to mitigate the root causes of conflict through provision of balanced basic social services; comprehensive development programs that create job opportunities for Youth; initiation of peace-building and reconciliation programs and dialogue among communities ; creation of awareness on economic value of livestock and advocacy; border demarcation between and within states; empowering law enforcement agents to curtail the rampant cattle-raiding phenomena; Proper resource management and conservation; conflict resolution programs acceptable by the parties in conflict; and reviewing the current system of decentralized governance that reinforces the spirit of tribalism in South Sudan. CHAPTER ONE 31

32 METHOD OF DATA COLLECTION 1.1 Background SOS Sahel South Sudan aspires to reduce poverty in South Sudan through the development of livelihood options and the strengthening of methods of natural resources management and reduction of resource-based conflicts. The organization shall work closely with local communities by involving them in every step of their work from the initial stages of the development of projects through to the implementation stages. In doing so, S O S Sahel South Sudan shall aim to promote sustainability in its work by giving local communities the ability to manage projects into the future. The proposed organization working areas shall be in the Greater Bahr el Ghazal, Starting with Warrap. 1.2 Desktop Research: The documents reviewed by the Survey Team included Community Consultation Report by UNDP (2012) on Warrap State; SOS Sahel U.K Baseline Survey on Southern Kordofan (2010); Pastoral Production System document by UNDP(2006) on South Kordofan and SAFERWORLD; An Initial Assessment of Insecurity and Peace building Responses in Warrap State (2011). These documents described resource-based conflicts in details in the respective areas investigated. Government and International Development Partners reports and studies were also reviewed. The materials gathered were utilized for generating in-depth information that facilitated the development of the checklist, questions and knowledge on the study area Objectives of the Study General Objectives: The overall objective of the study was to collect data on resource-based conflicts in Warrap State (as per attached ToR-Annex 1) in order to enable SOS Sahel South Sudan set intervention programs based on local needs, that shall attempt to limit the incidences of resource-based conflicts Specific Objectives The specific objectives of the survey are to: Provide an overview of the general characteristics of the study area, Warrap State. 32

33 Identify the root causes of conflicts, the parties in conflicts and the impact of conflicts on the local communities. Examine the relationship between resources and conflict incidences in the state. Identify livestock population, migration routes and other related issues such as access to range and pastures and common diseases in the area. Examine the relationships among resource users (pastoralists and farmers; pastoralists themselves; pastoralists; farmers; the government; IDPs with settled communities; investors with settled community. Identify conflict resolution mechanisms with emphasis on the role of traditional local authorities, youth, women and other stakeholders including government, NGOs, CBOs, CSOs. 3.2 Scope of the Tasks: Based on the Terms of Reference, the study shall: Identify clearly community structures, local authorities and their relationship with communities, gender, conflict management and environmental awareness. Explore the magnitude, root causes and socio-economic impacts of conflict in the area (focus is on areas on or around the stock routes). Analyze the stakeholders in order to identify those who are involved in local conflict (primary, secondary and third parties). Take inventory of existing institutions of conflict transformation mechanisms between and within groups. Explore and analyze the degree to which these institutions are actually recognized by the parties involved and the different perceptions according to such factors as age, gender and class/ social status. Assess the degree to which these institutions are recognized formally or informally-by the Counties Councils, and State authorities. Collect basic secondary information regarding the number of Counties and identify the most affected by resource-conflict from the Counties and government departments Determine the size of livestock population, by type, using these routes throughout the year (during wet and dry seasons). Identify the legal status and recognition by settled communities for other resource users to access land and range and pasture. 33

34 Determine the changing nature of these routes over time. This involves contextual analysis, in historical perspective, that involves mapping of land-use changes over time and space. Conduct concrete analysis of the factors responsible for such changes and impacts of such changes on pastoralists; on the relation between pastoralists and farmers; among pastoralists themselves; and on the wider stability along the corridors. Study conflicts over range land, causes for cattle raiding and impact of conflicts (social, economic and environmental costs). 1.5 Process and Time Schedule: This baseline survey fieldwork was conducted over a period of 6 weeks from 28 May to 15 June There was one interviewing team comprising of three (3) members including the team leader. In coordinating and executing the fieldwork, the WarrapState General Secretariat provided support and facilitated access to public and private institutions relevant to the study at all levels. 1.6 Structure of the Report: This report comprises of four chapters. Chapter One discusses the methodology and the methods used in the data collection. Chapter Two highlights several aspects of the area under investigation and this includes; the geographical location, climate, socio-economic characteristics, basic social services and livelihood system of the population. Chapter Three focuses on the nature of conflicts; Areas of conflicts; parties involved; sources and the impact of conflicts; in addition to conflict management and resolution. Chapter Four presents the findings of the study and recommendations. 1.7 Materials and Methods: The study team used both primary and secondary data in the report, derived from the interviews, focused group discussions, and key informants for primary data and published and unpublished materials for the secondary data. The study was conducted in four Counties which experienced frequent incidences of intracommunal conflicts (cross-border conflicts). These Counties border Lakes and Unity States (Gogrial East, Twic, Tonj North and Tonj South). Gogrial West County was also surveyed in order to investigate cases of inter-tribal conflicts within the Warrap State. 34

35 2.1 Geographical location and Climate: CHAPTER TWO OVERVIEW OF THE STUDY AREA Warrap State is one of the ten states of Republic of South Sudan that covers an area of 31,027 km2 and located between longitude 28 and 30 E and Latitudes 07 and 09 N. Geographically, Warrap State is bordered by six States namely; Western Equatoria in the southwest, Western Bahr El Ghazal in the west, Northern Bahr El Ghazal in the northwest, Unity 35

36 in the northeast, Lakes in the southeast, Abyei and Southern Kordofan in the north (See Figure 1). In terms of climate, the State has a mixture of both wet and dry seasons, with an average annual rainfall of 850-1,400 mm, starting from May up to October and an average annual temperature range of Administrative Setup: Warrap State, like other States in the Country, is headed by an elected Governor, assisted by a deputy and advisors in addition to state ministers who are in charge of implementation and supervision of government policies and programs in their respective ministries. Administratively, the State has six (6) Counties and forty two (42) Payams where each County is headed by an appointed Commissioner, assisted by a Senior Executive Administrator; whereas a Payam is headed by an Administrator, assisted by the local traditional authorities. The six Counties of the State aretonj North, Tonj South, Tonj East, Gogrial East, Twic and Gogriel West. The main towns besides Kuajok, the capital, include Gogrial, Tonj, Thiet, Turalei, Akuon and Panliet. In the State there are well established and respected system of traditional local authority, with well-defined functions and duties. The set-up of this system is as follows; the Paramount Chief, Executive Chief and his Assistants, Headman, Boundary Chief, Gold Leader, Community Leader, Majokwood and Spiritual Leader (Annex 2). Figure (1): Warrap State Map 36

37 Source: Adopted from UN OCHA, Demography and Population Patterns: Warrap State has a population of 972, 9281 (Sudan Census, 2008) and is inhabited by Dinka, Jur and Bongo communities. The Dinka community forms the majority (98%) and they are agro pastoralists where cattle-herding is the dominant activity for their livelihood. 37

38 The remaining 2 % are composed of Bongo and Jur communities (1-1%). Their main livelihood activities include farming, bee-keeping, fishing and hunting. In terms of population size, Gogrial West County has the largest population (25%), followed by Twic County (21%). Tonj South County and Abyei area have the smallest population (9% and 5% respectively (Table1). Table (1): Warrap State Population by Counties County Population No. % Capital Gogrial West 243,921 25% Gogrial Twic 204,905 21% Turalei Tonj North 165,222 17% Warrap Tonj East 116,122 12% Romich Gogrial East 103,283 11% Liethnom Tonj South 86,592 09% Tonj town Abyei 52,883 05% Abyei Total 972, Sources: Sudan Census, It is estimated that 93% of the population in Warrap State are permanent residents, 4% returnees, and 3% are IDPs (IDMC, 2010). The distribution of the population showed that more than half were below 18 years of age, with 47% males and 53 % females. The household size was estimated at an average of seven (7) persons. 2.4 Social Services: The Warrap State, like other States in the Country, lacks proper and quality basic social services because of the long wars. But since 2005, the conditions started to improve as many communities were accessing education and health services provided by the government and development partners in most parts of the state. For example, in terms of education, about 27% of the population between the ages of were literate, with the males group having literacy rate of 40% and females 16%. The gross and net enrollment rates for primary education in the State were 73% and 46% respectively (SSBS, 2011). Besides formal education, there are schools for those who have droped out in formal education system. For example, there were about 23 schools for adult education, 9 for pastoralists and 14 for Accelerated Learning Programs (ALP), in addition to 3 kindergartens in Kuajok town for children under school age. Table (2): Number of Schools by County 38

39 County No. of Primary Schools No. of Secondary Schools Twic 94 4 Gogrial West 89 5 Tonj South 45 2 Tonj East 42 1 Tonj North 63 3 Gogrial East 42 1 Abyei 6 1 Total Source: MEST, Warrap, Table (3): Numbers of Teachers by Level of Education Level Number of Teachers Primary 360 Secondary 254 Alternative Education 066 Total 680 Source: MEST, Warrap, Table (4): Numbers of Pupils in Schools by Counties County Primary Level Secondary Level Alternative Education Level Male Female Total Male Female Total Male Female Total Gogrial West Twic Gogrial East Tonj North Tonj South Tonj East Total Source: MEST, Warrap, Tables 2, 3, and 4 above showed that, Gogrial West and Twic Counties are in the lead in terms of schools, teachers, pupil enrollment, and other educational facilities. The main reasons, among others include the prevalence of State Capital in Kuajok town, larger population, International Developmental Partners activities and settlement of IDPs and returnees in those Counties. With regards to the health services,warrap State has inadequate health services mainly in the areas of qualified personnel, equipments, materials, drugs and other health facilities. This situation has become a major concern to the State government and other stakeholders working in health (Table 5). 39