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Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty

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  • Janine Ubink

    (Van Vollenhoven Institute for Law, Governance and Society, Leiden University, The Netherlands)

  • Bernardo Almeida

    (Van Vollenhoven Institute for Law, Governance and Society, Leiden University, The Netherlands)

Abstract

With governance increasingly regarded as co-governance, states’ capacity to steer, correct, and discipline a wide range of self-governing actors becomes crucial for states’ effectiveness, efficiency, and democracy. This article investigates that capacity and the relationship between formal institutions and customary self-governance in areas of limited statehood. In South Sudan, the field of land governance can be regarded as an area of limited statehood. As land relations are closely connected to clan structures and intra-familial relationships, customary norms and institutions enjoy great legitimacy and are an important locus of local land governance and dispute resolution. The South Sudanese government has promulgated legal provisions for equal rights to property and inheritance that clash head-on with customary notions of gender roles in the family and the preservation of family land. By focusing on the case of women’s land rights in South Sudan, combining literature study with data from exploratory fieldwork in two South Sudanese towns, this article aims to reflect on the cohabitation of customary and formal norms and values and the role formal legal and administrative systems, in areas of limited statehood, can and do play in boundary setting for customary self-governance.

Suggested Citation

  • Janine Ubink & Bernardo Almeida, 2023. "Local Self‐Governance and the State in South Sudan: Studying Gendered Tenure Relations in Times of Uncertainty," Politics and Governance, Cogitatio Press, vol. 11(2), pages 357-367.
    • Handle: RePEc:cog:poango:v11:y:2023:i:2:p:357-367
    DOI: 10.17645/pag.v11i2.6488
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    References listed on IDEAS

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    1. Christian Lund, 2016. "Rule and Rupture: State Formation through the Production of Property and Citizenship," Development and Change, International Institute of Social Studies, vol. 47(6), pages 1199-1228, November.
    2. Chigbu, Uchendu Eugene, 2019. "Anatomy of women’s landlessness in the patrilineal customary land tenure systems of sub-Saharan Africa and a policy pathway," Land Use Policy, Elsevier, vol. 86(C), pages 126-135.
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    Cited by:

    1. Antje Daniel & Hans-Joachim Lauth & Eberhard Rothfuß, 2023. "Local Self‐Governance and Weak Statehood: A Convincing Liaison?," Politics and Governance, Cogitatio Press, vol. 11(2), pages 272-279.

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