facilities often face significant challenges in obtaining birth certificates. Safeguards
against childhood statelessness are inadequately implemented. Children of unknown
parentage, abandoned children, orphaned children, and children whose parents are
unable to prove their nationality face an increased risk of statelessness. The absence
of clear administrative procedures for identifying and protecting such children further
heightens their vulnerability. Without birth registration and proof of legal identity,
many children continue to face barriers in accessing education, healthcare, social
services, and nationality documentation.
59. Despite these challenges, the Government of South Sudan has made significant
progress in establishing legal frameworks that recognize and protect children’s rights
to a name, nationality and birth registration. Under Part two of Transitional
Constitution 2011 as amended: Bill of Rights, Article 17(1)(b), ‘every child has the right
to a name and nationality.’ 32 Similarly, Chapter II of Child Act 2008, Article 10(1)
provides that ‘every child has the right, from birth, to a decent name and to acquire a
nationality.’33 Furthermore, Article 11(1) guarantees every child the right to free birth
registration with the appropriate government agency.34
60. These provisions are consistent with Article 7 of the Convention on the Rights of the
Child (CRC), which states that every child shall be registered immediately after birth,
shall have a name, and shall have the right to acquire nationality. Article 7 places an
obligation on the Government of South Sudan to ensure the implementation of these
rights through national legislation and in accordance with their international
obligations. However, implementation remains constrained by limited infrastructure,
institutional weaknesses, and resource challenges.
ISSUE V - Identification and Protection of Stateless People
61. South Sudan faces significant challenges in identifying and protecting stateless people
and individuals at risk of statelessness. The country lacks a dedicated legal framework
and formal procedures for the determination of stateless status, making it difficult to
identify affected populations and ensure their access to protection and basic rights.
As a result, many stateless people remain invisible within national systems and are
unable to access documentation, education, healthcare, employment, property and
other essential services. The risk of statelessness is particularly acute among displaced
populations, returnees, refugees, border communities, and individuals whose
nationality status was affected by the secession of South Sudan from Sudan in 2011.
Many people continue to face difficulties proving their nationality due to the absence
of civil documentation, loss of records during conflict and displacement, and limited
access to civil registration and nationality procedures.
62. South Sudan made efforts to strengthen civil registration and nationality
documentation systems with support from international partners. However, coverage
remains limited, particularly in remote and conflict-affected areas. There are currently
no comprehensive mechanisms to systematically identify stateless people, collect
disaggregated data on populations at risk, or provide legal assistance and protection
tailored to their needs.
32 The Transitional Constitution, 2011, Part II.
33 The Child Act, 2008, Chapter II, Article 10(1).
34
Ibid, Article 11(1).
12