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Sudan
Land Tenure
The right to own property, to bequeath it to heirs, and to inherit
it was established by the Permanent Constitution of 1973; this
right was suspended in 1985. Sudan had long had a system of land
registration through which an individual, an enterprise, or the
government could establish title to a piece of land. Such registration
had been extensive in northern Sudan, especially in Al Khartum,
Al Awsat, and Ash Shamali provinces. Before 1970 all other land
(unregistered) belonged to the state, which held ownership in
trust for the people, who had customary rights to it. In 1970
the Unregistered Land Act declared that all waste, forest, and
unregistered lands were government land. Before the act's passage,
the government had avoided interfering with individual customary
rights to unregistered land, and in the late 1980s it again adhered
to this policy.
The government owned most of the land used by the modern agricultural
sector and leased it to tenants (for example, the Gezira Scheme)
or to private entrepreneurs, such as most operators of large-scale
mechanized rainfed farming. In the late 1980s, however, the great
area of land used for pasture and for subsistence cultivation
was communally owned under customary land laws that varied somewhat
by location but followed a broadly similar pattern. In agricultural
communities, the right to cultivate an area of unused land became
vested in the individual who cleared it for use. The rights to
such land could be passed on to heirs, but ordinarily the land
could not be sold or otherwise disposed of. The right was also
retained to land left in fallow, although in Bahr al Ghazal, Aali
an Nil, and Al Istiwai there were communities where another individual
could claim such land by clearing it.
Among the transhumant (see Glossary) communities of the north,
the rights to cultivated land were much the same, but the dominant
position of livestock in community activities had introduced certain
other communal rights that included common rights to grazing land,
the right-of-way to water and grazing land, the right to grass
on agricultural land unless the occupier cut and stacked it, and
the right to crop residues unless similarly treated. In the western
savannas, private ownership of stands of hashab trees
could be registered, an exception to the usual government ownership
of the forests. But dead wood for domestic fuel and the underlying
grass were common property. Water, a matter of greatest importance
to stock raisers, was open to all if free standing, but wells
that had been dug and the associated drinking troughs were private
property and were retained by the digger season after season.
In northern Sudan, especially in the western savanna where increasing
population and animal numbers have placed pressure on the land,
violations of customary laws and conflicts between ethnic groups
over land rights have been growing. Resolution of these problems
has been attempted by local government agencies but only on a
case-by-case basis.
Data as of June 1991
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