REFUGEES FROM GENERATION TO GENERATION UNHCR, APRIL 2023 parents, grandparents or great grandparents on the male or female line were born in South Sudan; (b) Such person belongs to one of the indigenous tribal communities of South Sudan…”. Neither the Transitional Constitution of South Sudan nor the South Sudan Nationality Act provides a list of these groups (by contrast with Uganda), nor outlines the criteria to be deemed a member of one of those communities. Article 8, as drafted, appears to apply automatically whether the individual concerned was born in or outside of the territory of South Sudan, before or after the secession of South Sudan from Sudan. The South Sudan Civil Registry Act of 2018 provides for the recognition of civil status events by foreign authorities, if they are also registered with the South Sudan consulate or sent within 30 days by “registered letter” to the civil registry. If this is not done, civil status events can only be registered with the agreement of a “civil registry committee” (which, however, is not established by the act). 320 In practice, implementation of the nationality legislation has been slow and challenging, thanks to very low levels of existing documentation. There are reports that certain vulnerable groups, including returned refugees and members of some ethnic groups from Equatoria, on the border with Uganda (such as the Acholi or Kakwa), have faced difficulties accessing proof of cititzenship when they have applied. Regulations adopted under the Nationality Law provide that “where documentary evidence is not available to support an application” witness testimony may be taken into account from a range of community or traditional leaders. 321 DRC Congolese nationality is attributed at birth based on a person’s membership of one of the “ethnic groups of which the people and the territory constituted what became Congo (currently the Democratic Republic of Congo) at independence”. 322 In addition, the Congolese nationality code provides for nationality to be attributed at birth if either the mother or the father is Congolese at the time of the child’s birth. However, the parentage of the child has no effect on nationality unless it is established during the child’s minority in accordance with Congolese law. 323 If this procedure has not happened in time, the law does not provide for a further late registration process. Without any family in DRC able to testify a person’s origins there, or proof of Congolese nationality of an ancestor, it is very unlikely that any of the long-term Congolese refugees in Uganda would be able to establish Congolese nationality. In addition, Congolese nationality is lost on voluntary acquisition of another nationality. A person acquiring Ugandan citizenship would therefore lose Congolese nationality. 324 Children born after a parent had acquired Ugandan citizenship would not be Congolese. 320 South Sudan Civil Registry Act No.1 of 2018, sec. 32. 321 Manby, ‘Citizenship and Statelessness in the East African Community’. 322 Constitution of the Democratic Republic of Congo, 2006, Article 10 ; Nationality code, art. 6. 323 DRC Nationality code, art. 7. 324 DRC Nationality code, arts. 1 & 26. 80