Land rights as a cause of conflict

Disputes over land rights are one of the primary causes of conflicts with South Sudan. The most common image is of cattle camp youth from rival communities fighting over access to pasture or water points. Access to a fishing pool during a period of food insecurity in 1993 was the flashpoint of the decades long conflict between the Lou Nuer and Jikany Nuer. The need for Lou Nuer to have access to permanent water points has been one of the primary reasons for their clashes with both Anuak and Jikany Nuer in the past few decades- in both conflicts the Lou Nuer have gained important land along the Pibor River. Conflicts over administrative borders have also been common source of violence in the post-CPA period, often involving local politicians and government officials. Finally, tensions exist over perceived land grabbing in rural areas.

While clashes frequently occur over resources, existing resource-sharing agreements between local communities are often ignored. Cattle camp youth and elders have annual land-sharing agreements in place- even across ethnic lines. Despite violent clashes between 2011 and 2013, the Murle and Lou Nuer had local border sharing agreements as recently as 2010, led by the cattle camp leaders. In the annual dry season migration by Lou Nuer to Jikany Nuer territory the White Army leaders and elders set out an agreement for the season. Clashes between youth often take place at the cattle camps, and most of these raids take place at the end of the dry season, when cattle camp youth are ready to return home and are not risking the potential loss of access to water points or grazing lands for an entire dry season. These small scale raids also do not necessarily mean the loss of access in the next dry season, when another agreement is made.

Local politicization of state, county and payam borders also plays an important role in fueling local conflicts. Schomerus and Allen found that political borders and decentralization played a significant role in land disputes in South Sudan (2010). After fighting for decades against the centralization of power in Khartoum and the marginalization of the South, the SPLA made decentralization a priority in government documents after the CPA (Schomerus and Allen 2010:22). However, the implementation of this policy has stalled, and power is still extremely centralized- only this time in Juba rather than Khartoum. This is one of the areas in which South Sudan is “at odds with itself”- the policy of decentralization is moving forward in theory, while actual power is increasingly centralized (ibid). The policy of decentralization has led to local power struggles at the county level, particularly regarding border lines. Increasing tensions and conflicts between counties is occurring due to the “ethnicisation of politics at the local level, where counties are being drawn along tribal lines […] fuelling nepotism and patronage in politics” (ibid:39). The competition for political space often occurs along borders- the north/south border, and between states, counties and payams. The perception among many civilians is that access to development funds and representation at the state level starts at the county level. Therefore every ethnic group, or clan, wants their own county. However, demarcating borders along ethnic lines also has the potential to increase tensions and fuel conflicts between groups. In addition the “selection of county commissioners […] has been shaped by tribal calculations” (ibid:41). In the interim period from 1972-1983, and later as part of Garang’s ‘caretaker’ system, leaders were intentionally selected from different ethnic groups or regions (ibid:41). This was used as a means of reducing tribalism, but also to ensure administrators did not face pressure or complaints of bias for their own group. In the current system local government leaders are accused of favoritism and potentially exacerbate tensions due to their personal loyalties, rather than act as mediators.

Aside from localized land disputes over resources or political borders, a new potential factor in land disputes in the future will be the sale or loan of land to the commercial sector. David Deng revealed that between 2007 and the end of 2010 over 2.5 million hectares of land were acquired by foreign interests for forestry, biofuel and agriculture uses (2011:7). If tourism, conservation and domestic investments are included then the figure tops 5.5 million hectares- or nine percent of the total land of South Sudan (ibid). The acquisition of land to foreign interests is becoming more common in recent years. It is hoped that the investments will bring in funds, and therefore jobs and taxes, to the local economy. However, without the correct laws and regulations in place to monitor these sales, the continual ‘land grabbing’ instead becomes a potential conflict driver. The lack of implementation, or clear regulations, regarding land rights and tenure in South Sudan at this time means the large scale sale of land is extremely risky and could become major conflict drivers for years to come.

Deng, David. 2011. “The New Frontier: A baseline survey of large-scale land-based investment in Southern Sudan.” Norwegian People’s Aid. (https://www.dropbox.com/s/r95amy1vihjaas8/Deng%20-%202011%20-%20The%20New%20Frontier%20A%20baseline%20survey%20of%20large-scale%20land-based%20investment%20in%20Southern%20Sudan%282%29.pdf?dl=0)

Nucci, Domenico. 2004. “Study on arbitration, mediation and conciliation of land and property disputes.” Norwegian Refugee Council. (https://www.dropbox.com/s/wf6flntccm76ph7/Nucci%20-%202004%20-%20Study%20on%20arbitration%2C%20mediation%20and%20conciliation%20of%20land%20and%20property%20disputes-annotated.pdf?dl=0)

Schomerus, Marieke and Tim Allen. “South Sudan at Odds with Itself: Dynamics of Conflict and Predicaments of Peace.” LSE. Pact Sudan and DFID. (https://www.dropbox.com/s/k0fus8mxazgt5jw/LSE%20south%20sudan%20at%20odds%20with%20itself.pdf?dl=0)

Gender Based Violence

There is no section on gender based violence but it is recognized that readers might be interested in reports on the topic. The three below are recommended.

Hutchinson, Sharon and Jok Madut Jok. 2002. “Gendered Violence and the Militarisation of Ethnicity: A Case Study from Southern Sudan.” In Richard Werbner, ed. Postcolonial Subjectivities in Africa. London: Zed Books

Small Arms Survey. 2012. “Women and Armed Violence in South Sudan.” (http://www.smallarmssurveysudan.org/fileadmin/docs/facts-figures/south-sudan/womens-security/HSBA-women-and-armed-conflict.pdf)

Small Arms Survey. 2008. “No standing, few prospects: how peace is failing South Sudanese female combatants and WAAFG.” (http://www.smallarmssurveysudan.org/fileadmin/docs/issue-briefs/HSBA-IB-13-no-standing-few-prospects.pdf)

Socio-cultural profiles of Major Ethnic Groups in Greater Upper Nile

South Sudan is an extremely diverse country with dozens of ethnic groups and languages. Further complicating this is that many groups consist of different sub-groups with various dialects. Anthropological studies on groups South Sudan are some of the most well known in the field, particularly Evans-Pritchard’s seminal study on the Nuer from the 1930s. However, decades of war have meant that most research since the 1950s occurred in the period of peace between the first and second civil wars, or were done remotely. Most primary research therefore is either from the colonial period or from thirty to twenty years ago. The challenges of access and security have limited field studies since the mid-1980s, although many anthropologists from before that have continued to write remotely, or have conducted research in refugee camps. Importantly, there are a few excellent exceptions, including South Sudanese academics. In addition, much research carried out in the post-CPA period is still being written and has yet to be published.

It is highly recommended that primary sources by anthropologists are read to complement these short profiles. Some of the better known anthropologists are listed after each profile, with some of their principal works (or at least the most accessible for non-anthropologists), but the list is in no way comprehensive. Social structures are extremely complex and in constant flux. The high amount of ethnic groups in South Sudan means that many peoples have very little anthropological research written about them. The current conflict means that this will likely continue to be the case. A very short list of anthropologists for some of the smaller groups not profiled here is also given. An excellent source for some of the less visible ethnic groups is the Gurtong webpage, which has profiles on dozens of people groups within South Sudan (http://www.gurtong.net/Peoples/PeoplesProfiles/tabid/71/Default.aspx).

A list of the counties where various Nuer and Dinka clans are located is more likely to confuse rather than clarify. Instead the UNOCHA ethnic map of South Sudan is a great visual guide (https://www.dropbox.com/s/s5326kcw57kqcp3/SS%20Ethnic%20Map.pdf?dl=0). Keep in mind many of the borders given between groups are not as well defined or are along exact lines as portrayed on the map- many of these areas are contested, shared or both.

Any mistakes or gaps are the author’s alone. Corrections, clarifications or updates are welcome.

Ethnic group: Dinka (Jieng or Muony-jang)

Language group: Nilotic

Sub-groups:

There are over twenty major Dinka clans. Some of these include- Rek, Ruweng, Bor, Twic, Nyarweng, Hol, Agar, Gok, Rek, Aliab, Ciec, Thoi, Luach, Ngok, Renk, Malual, Abiliang, Padeng, and Atwot. The Dinka are generally found in Greater Bahr al Ghazal, Greater Bor, and Upper Nile. See the UNOCHA ethnic map of South Sudan for locations.

Related groups: Nuer

Historic movement:

Oral traditions dictate that the Dinka migrated from Gezira between the 14th and 16th centuries due to drought and slave raids. They moved south following the Nile into the Bahr al Ghazal region and are believed to be one of the later groups to arrive in South Sudan.

Livelihoods: Agro-pastoralists

The Dinka peoples are very diverse. Similar to other pastoralists in rural South Sudan and in the wider region, cattle are a central part of Dinka livelihoods and society. The Dinka primarily rely upon livestock, but are also engaged in planting (cultivation) and fishing during the dry season. The importance of fishing and agriculture on food security, however, varies between communities. Like other agro-pastoralists, many Dinka communities are reliant on moving with their cattle in the dry season (usually January to May) to the toic (swamps in the rainy season which turn into pasture in the dry season), where they set up temporary cattle camps. Here the cattle are able to access water and grazing for part of the year. Fishing is usually best in the dry season as the rivers and pools get low and fish are easier to catch. At the beginning of the rainy season (June/July) the people return to their homesteads and fields are planted. This time is often the most significant hunger period for South Sudanese agro-pastoralists, as the cattle are not producing much milk and the fields are yet to be ready for harvesting. Once the harvest is ready people celebrate. At the end of the year drums are often heard from marriage celebrations or dances. Once the dry season returns in January the cattle are taken back to the cattle camps and the cycle starts again.

Historical Social Structure:

Before the colonial era the Dinka were an acephelous society- meaning they had no hierarchy or centralized system of coordination and control[1]. Instead the Dinka have been organized into a number of major inter-linked, but independent clans. The leaders that existed before the arrival of the British were either military, religious, kin group, or cattle camp elders who decided when to migrate. Loyalty and identity lied primarily with kin, not with the ethnic group as a whole. This is still the case, although political conflicts have manipulated the threat of the ‘other’ to unify groups that in the past shared little loyalty. The Dinka are incredibly diverse and the language has a number of different dialects. For example, an important system of spiritual leaders found in Bahr al Ghazal never existed among the Dinka in Jonglei (Harrigan 2012). Kinship groups are the primary means of identity and loyalty among the Dinka. According to Harrigan, Dinka kinship is most clearly delineated by the sharing of bridewealth, both in paying and receiving.

The system of chiefs now found across South Sudan was created by the British colonial rule (1898-1956) as a means of civil administration (indirect rule)- primarily for the collection of taxes and solving disputes through customary courts. Chiefs were appointed to represent particular territories, and this system of local governance was reinforced by the GoSS after the CPA (through the Local Government Act in 2008). There are various levels of chiefs and although terminology varies depending on the region, the terms are usually translated to sub-chiefs/headmen, chiefs and paramount chiefs. In modern times one can recognize the hierarchy from the sashes the various chiefs wear when attending official events. Sub-chiefs, or headmen, are given black sashes, chiefs red sashes, while paramount chiefs have a number of lines on their red sashes-indicating the number of chiefs they represent. Harrigan explains that during the second civil war the chieftain system was used as a means of providing recruits as well as supplying food for the SPLA. Each sub-chief was expected to supply five recruits to the SPLA and supply one tin of maize for each family. This was later increased to three tins of maize for each family. The chiefs do not have any economic control over their community members and their primary responsibility is keeping the peace through the solving of disputes. The chiefs sit on customary courts and solve issues such as cattle theft, murder, elopement, and adultery. The courts have the same hierarchy as the chiefs, and if the judgment is appealed then cases move up the chain to higher level chiefs.

Kinship groups among Dinka share cattle and food, but territory is shared among a number of family groups. These kinship groups might coordinate for political representation, collective defense of grazing land or for ceremonies, but they do not share food. Only members of a common kinship group share food and are responsible for each other. The territorial groups are called wut, which literally translates from Dinka as cattle camp. The protection and defense of the cattle in the territory is shared between the youth belonging to the family groups.

Relationship with SPLA and other armed elements:

The common narrative is that the SPLM/A has been “Dinka dominated” from its inception in 1983. However, much like other ethnic groups the relationship between the SPLM/A and the Dinka civilian population has been complex and varied. In the beginning of the rebellion, many Dinka volunteered to join; however, the relationship between the SPLM/A and rural populations has not always been strong[2]. There were frustrations in Bahr al Ghazal in the 1980s due to their perceived exclusion from military strategy and relief support compared to other parts of the country. The recruitment of children for the Red Army was also not a popular policy, and created frustration with the leadership. While the fall of the Mengistu regime, the SPLA’s primary backer, and the subsequent 1991 split had a unifying effect, the attacks on Dinka villages by the SPLA Nasir faction at the same time led to discontent with the leadership for not being able to provide security. The consequent arming of the Dinka youth in Bahr al Ghazal, also known as Gelweng, led to the use of armed Dinka civilians as proxy militias for the SPLA. The clashes between the two factions, and the arming of civilian militias (i.e. gelweng, see White Army, Gelweng and Titweng section), were causing resentment among the civilians caught in the middle as targets. Furthermore after the 1999 Wunlit peace agreement the SPLA decided to disarm the gelweng to reduce the internal clashes that were occurring. The brutality of the disarmament process also resulted in violent clashes between the youth and SPLA, and created strong grievances against the movement.