234 Scarcity and Surfeit
bands; the wars of the post-1989 era are the product of longer-term process-
es where the presence of the former is statistically inconsequential.
Rather, the material conditions favouring insurgency by the latter emerged
as the primary determinant of violent conflict. They state:
"Ethnic antagonisms and nationalist sentiments may help an insurgent
group at the margin, but other factors are much more important. In
brief, we argue that insurgency is favored by (1) poverty and slow eco-
nomic growth, which aid the recruitment of fighters; (2) a rural base
area (preferably with rough, inaccessible terrain), and local knowledge
of the population superior to the government's, which allows rebels to
hide from superior government forces; and (3) a financially and politi-
cally weak central government, which facilitates the operation of an
insurgent band."lo7
Certainly from the perspective of these economic, environmental, and politi-
cal criteria, Sudan's southern region remains highly conducive to insurgency.
The extensive flood plain is surrounded by bush and savanna divided by a
network of large rivers. The south-western rim is dense jungle, the south-
eastern rim is a vast tract of rocky hills and dry bush, the south-western belt
is lush but conditions are primitive. The south's culturally distinct popula-
tions speak a diverse range of languages. Internal transport and communica-
tion is extremely difficult. Topography and spatial factors combine with high
value timber and minerals to designate it a guerilla's paradise with vital com-
mercial and linguistic links extending beyond the greater cross-border
region's several overlapping conflict subsystems.
Most land in Africa is held under customary tenure systems. In many
cases, traditional or customary law remains in effect - until the discovery of
valuable resources such as minerals or oil, or developments from outside
increase its value. At this point new or existing legislation is usually
employed to disenfranchise the indigenous occupants. Most national consti-
tutions recognise customary law as secondary to statutory law, and include
provisions for enacting the principle of eminent domain in situations where
the exploitation of ecological resources is in the national interest. Of course
this proviso is not necessary where the government has consigned ownership
of unregistered or common properties to the state.
The new demarcation of the north-south border following the Addis Ababa
Accords was a ~rimarv catalvst for the renewal of hostilities bv the SPLA/M.
The NIF government also granted Arab Baggara pastoralists legal entitlement
to land held customarily by Abyei Dinka, leading to conflict. Sudan is hardly
unique in respect to this. The use of legal instruments to disenfranchise
indigenous peoples and other disaffected minorities occupying ecologically
rich areas was well established under colonialism and persists today.
Even in western democracies, the same outcome obtains due to the uni-