Like the CPA, the Darfur Peace Agreement (DPA) of May 2006 establishes a Land Commission, which also faces enormous challenges. Firstly, while the DPA recognises the rights associated with hawakeer (the lands of a particular clan or tribal group), it does not address the conflicts that arise between those with a hakura and those without (the colonial authorities did not allocate hawakeer to the small camel-herding tribes of Northern Darfur, for example). An overall land settlement in Darfur will need to balance the rights of those without hawakeer, taking into account the impact of the current conflict, which has torn the social fabric and broken the historical relationships through which rights of access to land and resources were maintained and secured.
Secondly, there has been a conspicuous shift in social structures in Darfur. Indigenous tribal leaders have struggled to maintain their legitimacy and power in the face of an emerging structure dominated by younger political radicals who contest the leadership of tribal chiefs and accuse them of politicising the conflict and manipulating their own people. This raises deep concerns about the appropriate institutional arrangements for managing resources and local-level conflict, and the DPA does little to reconcile the competing claims of the indigenous and emergent structures.
Thirdly, the Darfur Pastoral Routes Demarcation Committee, established by presidential Decree in late 2005 (before the signing of the DPA), has completed its assigned tasks, but the committee's recommendations are highly contested. The farmers, many of whom are now in IDP camps, have expressed publicly that they do not recognise the committee or its outcomes on the grounds that they were not consulted nor were their views represented. They see it instead as a conspiracy by the centre to allocate their lands to 'Arab' pastoralists. Fourthly, the atrocities committed by the janjaweed, perceived collectively as camel-herders, have created a universally negative perception of pastoralists, although the camel-herders themselves appear ready to derail any land settlement that does not take into account their historical rights of access to land and natural resources.