Oil and Water in Sudan 235
versality of the eminent domain principle and the absence of legal recogni-
tion of common property rights where statutory rights may prevail. The
plethora of cases and abuses arising across the modern world has fuelled the
rise of new social movements that advocate for the rights of indigenous peo-
ples. Pressure by new social movements resulted in the formulation of the
UN Declaration on the Rights of Indigenous Peoples.'" However, the decla-
ration is non-binding. In the Sudan political power and domination is more
important to determine land and resource rights. Although the capacities of
southern elite to stake claim to land and resources has decreased, as noted
earlier, difficult and dangerous ecological conditions in the south underscore
the vulnerability of northern ambitions. However, in most instances where
minority or opposition groups have successfully claimed land and resource
rights, it was through political negotiation. Political negotiation remains the
most viable option for southern peoples to claim greater rights.
Political, policy and legal change to strengthen opposition and minority
rights, therefore, is the foundation for peace building in Sudan. The interna-
tional framework to protect and encourage the rights of such groups is weak.
yet is nonetheless helpful in establishing norms and principles for negotia-
tions leading to real policy and legal changes.10g Sudan's diverse social and
ethnic configuration means that issues of group and minority rights are cen-
tral to conflict management and peace-building strategies.
Any agreement, including the implementation of the recent Machakos
Protocol, will have to address the issue of land and resource rights as a sub-
stantive source of the conflict, with a view to redress ongoing competitions to
control valuable ecological capital. The central issues in Sudan's civil war under-
lying land and natural resources relate strongly to the character, content, and
dispensation of governance. The policy recognition of the heterogeneity of the
Sudan population in ethnic, religious and cultural characteristics should translate
into equal rights and responsibilities for all citizens regardless of gender, religion
or race. Reform of critical environmental decision-making processes must inform
a fairer political dispensation in Sudan and not be done in isolation.
Furthermore, equality between ethnic and religious groups, as well as between
different sexes, must be enshrined in any new constitution. More specifically the
following issues require attention in policy and legal reform processes:
Decentralisation of significant economic and political powers to lower lev-
els of government.
Community empowerment over land and natural resources. This should
encompass official recognition of common property rights, official recog-
nition of customary systems for managing land and natural resources and
public choice in decision-making processes at all levels.
Economic diversification in south Sudan to decrease dependence on sub-
sistence production.