Land tenure in the Middle Jubba : customary tenure and the effect of land registration

Under this law, those with customary tenure arrangements are subject to eviction by others who register the land in their own name. This study focuses on a sample village in Middle Jubba [Juba], where conflict between state leasehold and customary tenure is beginning to emerge. Of the 400 or so farms in the village, only 7 are registered; of these, 5 are held by speculators who dispossessed the former holders. Major findings are as follows. (1) Village farmers have been discouraged from obtaining state tenure by the high cost of registration and a lack of familiarity with government bureaucracy. (2) The law is at odds with traditional farm practices, including multiple parcel holdings, holding of land in bush, and the ability to transfer land to other households. (3) Due to a lack of adequate infrastructure and available agricultural inputs, the law has had little impact on land use. Nonregistered farmers actually have maintained a higher productivity level than registered farmers. (4) Finally, the law encourages speculation and land-grabbing, promotes deforestation (through a provision requiring that the land be developed), and potentially fosters social unrest by allowing state leaseholders to register up to 100 hectares by calling themselves a corporation. It is recommended that registration be conducted systematically, and only in those areas with a clear need. Moreover, alternatives to individualized titling should be explored, such as village-level registration, which would allow customary tenure arrangements to continue.