46. South Sudan gained independence from Sudan on 9 July 2011 following decades of armed conflict, displacement, and political marginalization. While independence fulfilled the right to self-determination, it also created complex nationality and citizenship challenges that continue to expose millions to risks of statelessness. 47. Prior to independence, access to identity documentation, birth registration, and population records was limited or non-existent for large segments of the population. During the civil wars, millions of South Sudanese were internally displaced or became refugees in neighbouring countries, often without proof of nationality or legal identity. This historical lack of documentation has become a major risk factor for statelessness after secession. An estimated 10% of South Sudan's population 27 possesses formal nationality documentation, leaving millions of individuals, including returnees, nomads, and internally displaced persons, at heightened risk of exclusion from basic rights and services. 48. Following independence, South Sudan established its nationality framework through the Transitional Constitution of 2011 and the Nationality Act of 2011. Citizenship is primarily acquired by descent through parents, grandparents, or great-grandparents born in South Sudan, or by belonging to one of the country’s indigenous ethnic communities. While intended to recognize national identity, these provisions rely heavily on ethnicity and ancestry, which are often difficult to prove. Individuals from mixed families, border communities, pastoralist groups, and long-term residents without clear ethnic affiliation face difficulties establishing nationality, particularly in the absence of Nationality Determination Procedures. Consequently, many remain at risk of statelessness. Returnees frequently encounter barriers, including lack of documentation, discriminatory practices based on names, language, or appearance, and limited access to nationality offices. 49. Renewed conflict since 2013 has further weakened nationality administration through insecurity, mass displacement, and destruction of civil registries. Many displaced people lack birth certificates, nationality certificates, or other essential documents. Limited access to civil registration, especially in rural and conflict-affected areas, coupled with inadequate infrastructure and institutional capacity, continues to hinder nationality confirmation. 50. Refugees returning after prolonged periods abroad often struggle to prove their entitlement to South Sudanese nationality, increasing the risk of intergenerational statelessness. This means children born to parents who are unable to prove their own nationality often face significant barriers to being registered at birth or recognised as nationals, placing both them and their children at heightened risk of statelessness across generations. ISSUE III - The Right to a Nationality in South Sudan 51. Following South Sudan’s independence from Sudan in 2011, the Transitional Constitution established the framework for nationality. It provides that ‘every person born to a South Sudanese mother or father shall have an inalienable right to South 27 UNHCR, A study of Statelessness in South Sudan, 2017, available at: https://data.unhcr.org/en/documents/details/63857. 10