Leiden University Scholarly Publications

Braak, B. (2023)

Graves, trees, and spray-paint: land tenure formalisation and five normative repertoires in post-conflict South Sudan

Article / Letter to editor

In the aftermath of war, local government in Western Equatoria, South Sudan, set out to formalize urban land to make it more legible, less conflictual, and ready for the state’s vision of tomorrow. But the process proved problematic, and it caused and rekindled countless land disputes. Based on qualitative research at courts, county offices, and contested plots, this paper finds that these disputes were at their root about five competing normative repertoires about land distribution: legal, economic, identity, spiritual, and military desert. These repertoires were evidenced with powerful material symbols: old teak and mango trees reminding the elders of who planted them; spray-painted red crosses by the Ministry of Physical Infrastructure for structures that existed in conflict with its Masterplan; and the graves of deceased relatives buried on contested ground. This paper suggests that unless post-conflict land formalisation policies are preceded by a political reckoning with...Show moreIn the aftermath of war, local government in Western Equatoria, South Sudan, set out to formalize urban land to make it more legible, less conflictual, and ready for the state’s vision of tomorrow. But the process proved problematic, and it caused and rekindled countless land disputes. Based on qualitative research at courts, county offices, and contested plots, this paper finds that these disputes were at their root about five competing normative repertoires about land distribution: legal, economic, identity, spiritual, and military desert. These repertoires were evidenced with powerful material symbols: old teak and mango trees reminding the elders of who planted them; spray-painted red crosses by the Ministry of Physical Infrastructure for structures that existed in conflict with its Masterplan; and the graves of deceased relatives buried on contested ground. This paper suggests that unless post-conflict land formalisation policies are preceded by a political reckoning with incompatible normative repertoires, they risk contributing to the re-eruption of violent conflict.
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Legal Pluralism

Land Formalisation

Fragile and Post-Conflict States

South Sudan

Normative Repertoires

Land and Property

All authors

Braak, B.

Date

2023-03-20

Journal

Legal Pluralism and Critical Social Analysis

Volume

55

Issue

1

Pages

58 - 76

DOI

doi:10.1080/27706869.2023.2189391