Property and Inheritance Rights in the World’s Newest Country

Mary Ayoub lived with her husband and children in Yambio, South Sudan. Though the country struggled with violence and poverty, they were getting by. But when her husband unexpectedly died, his relatives came, took all that they had, and kicked her and the children out of their home.

The bereaved family was completely dependent on Mary’s relatives for food and shelter, and her children were forced to leave school as she had no way to pay for their education. Culturally, women were not allowed to own or inherit property, so Mary thought she had no options.

Fortunately, Mary soon attended a seminar, hosted by the Organization for Liberty and Entrepreneurship (OLENT), an Atlas Network partner. To her surprise, Mary discovered that her country’s constitution did indeed guarantee property rights for women.

John Mustapha, co-founder and executive director of OLENT, had attended the first East African Students for Liberty Conference in 2014 where he was introduced to the ideas of peace and freedom. He became campus coordinator for SFL, working to share these ideas with other students. But Atlas Network mentors encouraged him to dream bigger.

In 2019 he attended Atlas Network’s Africa Liberty Forum, where he pitched his idea of a project to train women and government officials on securing property rights, emphasizing that “80% of rural women do not understand these rights.” He won the Think Tank Shark Tank competition and was able to use the grant funds to reach women like Mary.

Encouraged by her new knowledge and support gained from mentors at OLENT, Mary took her husband’s relatives to court and was able to recover some of her property—most importantly a small piece of land with a shop that enabled her to set up a restaurant.

“Mary has worked hard, and with her restaurant she is now able to support herself, pay for her children’s education, and is even employing two other young women,” said Ginana David Benjamin, program manager at OLENT.

Since the mid-twentieth century, decades of civil war have devastated what are now the separate African nations of Sudan and South Sudan. When South Sudan gained its independence in 2011, it had to pick up the pieces left by the conflict. Even now, violence between armed militia groups continues. More than two million people have been displaced, and hundreds of thousands have lost their lives. Infrastructure is very limited, and seven out of ten people live in extreme poverty, with over half of the population being under age 18.

In the midst of this struggle, there is hope.

“Property rights and economic freedom help overcome these challenges,” John says. “If you have free trade, you are able to move your goods from one state to another without high taxes. Many women want to get into business if they own property. And then they will be in a position to provide for their families and also contribute to societal wellbeing.”

Changing harmful cultural norms, John says, is an important part of the process of helping South Sudan develop a respect for the principles of freedom, free markets, and property rights. OLENT has become recognized for its work toward this goal and has even been asked by the Azande ethnic tribal community to help write their customary laws to include property rights for women—a great achievement. This community is made up of hundreds of thousands of people and comprises about 10% of South Sudan’s population.

Ginana added that women who own property have a level of respect that allows them to be part of community decision-making. But it’s a gradual process. Even when women learn of their rights, local authorities often need to be educated as well, which is also part of OLENT’s mission.

“The constitution has provided for everything, but some law enforcers do not know this. We make sure that we give them access to this information and help them understand and apply it with the local women,” said Ginana. “The primary goal for OLENT is to see that every person has the right to make their own choices and to live in harmony and peaceful co-existence. [We want] them to have liberty to reach their potential and claim their rights peacefully.”

For OLENT, this vision doesn’t stop with simply making sure women’s names are on property deeds. An important part of their programming is helping women learn to use their newly protected rights to start businesses, learn essential entrepreneurial skills, and innovate new paths out of poverty. For some women, that means working together with their spouse to build a better future for their families.

Fatna Faustino was one of 500 women who attended an OLENT training seminar. Excitedly, she returned home to her husband and explained the benefits of owning her own piece of land.

“Because of the way she explained it, her husband was happy to support her,” John said. “They searched for property, bought it, and now Fatna is using the land to plant crops, some vegetables. She sells them and earns income. Most men don’t support their wives in acquiring property, but Fatna’s husband has become a role model to other men. She has a piece of her own land, but they are still able to live together, and he is supportive of her. This is changing the cultural norms.”

John continued, “We are so grateful to Atlas Network for supporting us—from mentoring in our programs or when we have faced challenges implementing projects. Atlas Network has always been there to give us direction and make sure that we achieve our goals. And they have connected us to other donors, friends, and sister organizations in different countries.

“Without Atlas Network, where we are now and the impact that we have made in South Sudan would not have been possible.”