acquisition and loss of nationality and provides protections against unlawful
deprivation.20
40. South Sudan is also a State Party to the African Charter on Human and Peoples'
Rights,21 and is bound by regional obligations to prevent statelessness, protect the
right to nationality, and provide effective remedies for human rights violations. The
African Commission has consistently affirmed that the right to nationality is
indispensable for the enjoyment of other rights protected under the African Charter,
and States must refrain from arbitrary deprivation of nationality, particularly where
such deprivation may result in statelessness.22 Despite these commitments, concerns
persist regarding arbitrary deprivation of nationality and the failure of South Sudan to
implement decisions of regional human rights mechanisms, particularly the African
Commission on Human and Peoples' Rights (African Commission). The case of Ms.
Afekuru Animu Risasi Amitai illustrates these challenges.
41. In 2018, South Sudan arbitrarily deprived Ms. Afekuru Animu Risasi Amitai of her
nationality, despite her prior recognition as a South Sudanese citizen and holder of
valid nationality documents. The deprivation was carried out without notice, due
process, or legal justification and rendered her effectively stateless, depriving her of
access to employment, political participation, freedom of movement, healthcare, and
other fundamental rights.
42. Ms. Animu is a South Sudanese citizen by birth, born to South Sudanese parents
originating from Morobo County, now Central Equatoria State, South Sudan.
Following South Sudan's independence, she sought formal recognition of her
nationality status and, in 2012, renounced her Ugandan citizenship. In 2014, she
applied for recognition as a South Sudanese national by birth and submitted
supporting documentation, including attestations from local authorities and
members of her community of origin. Following verification by the Directorate of
Nationality, Passports and Immigration (DNPI), she was issued a South Sudanese
nationality certificate and passport. Her nationality was recognized pursuant to
Section 8 of the South Sudan Nationality Act, 2011, which confers nationality on
persons with ancestral and ethnic ties to South Sudan.23
43. In October 2016, Ms. Animu was appointed a speech writer in the Office of the VicePresident, General Taban Deng Gai. Her appointment prompted online complaints
questioning her citizenship and speculation that she was Ugandan rather than South
Sudanese. On the basis of these allegations, she was removed from her position in
March 2018. Following her removal, the DNPI confiscated her nationality certificate
and passport and revoked her nationality without notice, due process, or a written
decision. She was subsequently informed orally that the authorities considered her a
Ugandan national, notwithstanding her renunciation of Ugandan citizenship and the
State's previous recognition of her South Sudanese nationality. The deprivation was
20 South Sudan Nationality Act, 2011.
21 South Sudan ratified the African Charter on Human and Peoples’ Rights on 23 October 2013.
22 Open Society Justice Initiative v. Côte d'Ivoire, Communication 318/06, ACHPR, Merits Decision, adopted at the 60th Ordinary
Session (2016), para. 97; Institute for Human Rights and Development in Africa and Open Society Justice Initiative (on behalf of
the Nubian Community in Kenya) v. Kenya, Communication 317/06, ACHPR, adopted in 2015, paras. 145–146.
23 The Nationality Act, 2011, sec. 8 (1) (a) provides: “A person born before or after this Act has entered into force shall be
considered a South Sudanese National by birth if such person meets any of the following requirements—(a) any Parents,
grandparents or great-grandparents of such a person, on the male or female line, were born in South Sudan.”
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