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

Janine Ubink and Bernardo Almeida
Additional contact information
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

Politics and Governance, 2023, vol. 11, issue 2, 357-367

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.

Keywords: areas of limited statehood; customary law; gender; land rights; legal pluralism; local self‐governance; South Sudan (search for similar items in EconPapers)
Date: 2023
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
https://www.cogitatiopress.com/politicsandgovernance/article/view/6488 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cog:poango:v11:y:2023:i:2:p:357-367

DOI: 10.17645/pag.v11i2.6488

Access Statistics for this article

Politics and Governance is currently edited by Carolina Correia

More articles in Politics and Governance from Cogitatio Press
Bibliographic data for series maintained by António Vieira () and IT Department ().