Oil and Water in Sudan 203
was enacted. Recently, the Ministry of Environment and Tourism with the
assistance of the Sudanese Society for Environmental Conservation prepared
an environmental planning and strategy document.
Sudan has been a unitary state right from the initial formal system of
administration under the firkish-Egyptian Empire in the 19Ih century. With
the objective of devolving power to local and state levels, federalism was
introduced in 1992 through the creation of 26 states covering 150 provinces.
Analysts of the federal system of governance argue, however, that while the
structure is federal in character, the devolution of economic and political
power has not truly been effected, and that greater effort is needed to
empower the states and lower levels of government to manage their
resources. This failure to devolve control over resources is considered a major
factor in the conflict.
The constitution of the Sudan has been changed several times with the
objective of rationalising and recognising the full diversity of the Sudan, and
achieving political, social and economic security. Reforms have achieved
nominal success. Examples include the transitional constitutions of 1956 and
1957 and the Numeiri Constitution of 1973, which included the Southern
Province Self-Governing Act of 1972. The New National Constitution that
entered into force in 1998 has also been criticised as having strong Islamic
inclinations and for centralising excessive power with a strong executive.
Resource ownership and control is centralised under the Constitution of
the Sudan of 1998. Article 9 states: "All natural resources under the ground,
on its surface or within the territorial waters of Sudan are public property and
shall be governed by law. The State shall prepare plans and prompt the
appropriate conditions for procuring financial and human resources neces-
sary to exploit these resources." Under the constitution key natural resources
remain national resources managed by the federal government.
Legislation on the environment is drawn from statutory, customary and
Islamic (Sharia) law. However, Sudan has not carried out a comprehensive
review of environmental legislation in line with the recommendations of the
United Nations Conference on Environment and Development (1992).
Contradictions arising from the various sources of environmental legislation,
some in existence since before independence, remain an area that could
cause conflict over the management of the natural resources.
Issues of politics and power sharing are key to understanding competitions
over land and natural resources in Sudan. Although it is relatively easy to
acknowledge past inequities but effectively addressing the present under-
mines the system and endangers vested interests at all levels of the political
and economic hierarchies.