tailieunhanh - LAND AND CONFLICT A Handbook for Humanitarians

Special recognition goes to Conor Foley who provided valuable inputs at an early stage and Rhodri Williams who contributed to the September 2009 draft. In addition, many valuable insights and inputs were provided by: Abdul Baqui Popal, Holly Bermans, Theap Bunthourn, ,Allan Cain, Silvia Carbonetti, Cyprian Celebalo, , Marta Bruno, Rita Chadid, Gerard Ciparisse, Justin Cornehn, Lorenzo Cotula, Meabh Cryan, Fernando de Medina Rosales, Bruno Dercon , Paul De Witt, Serena Di Matteo, Samir El-hawari, Chris Huggins, David Ito, Bodil Jacobson, Dara Katz, Sarah King, Antony Lamba, Patrick Mac Auslan, Reuben Mc Carthy, Syprose Ogola, Kate Norton, Sara Pantulliano, Oum Sang Onn, Florian Bruyas, David Stanfield,. | An immediate shift in land and natural resource (including oil) ownership was unacceptable for Khartoum. The 2004 CPA protocol on wealth sharing simply agreed on an unspecified future process to resolve this issue. Amendment of existing laws to recognise customary rights were also due for future consideration. None happened yet. The CPA’s wealth sharing protocol also states that oil contracts “shall not be subject to re-negotiation”, but that “persons enjoying rights in land shall be consulted and their views shall duly be taken into account share in the benefits of that development are entitled to compensation in just terms [and] have the right to participate, through their respective states/regions, in the negotiation of contracts”. The protocol also specifically states that “people whose rights have been violated by [existing] oil contracts are entitled to compensation. On the establishment of these violations through due legal process the Parties to the oil contracts shall be liable to compensate the affected persons to the extent of the damage caused”. Critics argue that the Government of South Sudan (GoSS) seems not to have made efforts to put these principles into practice, and may not have been able or willing to stop further population displacement as a result of new oil development. Four avenues for compensation are examined: a North-South peace agreement protocol allocating a fixed summed by the GoS for distribution among victims (. Darfur Peace Agreement), a UN Compensation Commission (. for Iraq), extra-territorial prosecution of oil companies (. under US Alien Tort Claims Act), prosecution under Sudanese jurisdiction (North or South), and voluntary compensation schemes by companies. The Greater Nile Company and the Ministry of Energy, for example, have set up a joint committee to “look into compensations issue for people affected by the oil operations in Unity and South Kordofan States”.