STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY
Equatoria region neighbouring the Central African Republic, Democratic Republic of Congo and Uganda. The
damage done by cattle to crops and access to water points are, as in the Sahel region, the main points of
conflict; in South Sudan the “foreignness” of the Mbororo is emphasised by the fact that the great majority
are Muslim, associated with the state from which the South has seceded.248
In 2007, Sudan People’s Liberation Movement (SPLM) leader and future President Salva Kiir threatened the
Mbororo with expulsion from the South; some were resettled in Blue Nile State in Sudan, home to a
longstanding Mbororo population, raising tensions in that region.249 More recent comments from South
Sudanese officials also indicate that the Mbororo are not regarded as South Sudanese.250
Some may be able to establish nationality and obtain papers in South Sudan, if they can show descent from
a person resident in South Sudan in 1956; others may have sufficient evidence of connection to Sudan or
another state to obtain recognition of nationality there. However, for many there is no state where they are
accepted: the nomadic pastoralist lifestyle is fundamentally not accommodated by the fixed systems of
nationality established by the modern state.
IDPs in South Sudan
There are more than one and a half million internally displaced people in South Sudan, who are generally at
some risk of statelessness, though the risk will vary according to circumstances. In 2016, the UN Special
Rapporteur on internally displaced persons emphasised that:
Documentation for all South Sudanese, including for all internally displaced persons and South
Sudanese residing in the Sudan, is essential to allow a process leading to a durable solution.
The issuance of national documentation is also a condition for the implementation of the
Framework Agreement [between Sudan and South Sudan] on the Status of Nationals of the
other State and Related Matters; the implementation matrix provides for accelerated forms
of cooperation in providing nationals with documentation.251
UNHCR and UNICEF are making efforts to increase birth registration in South Sudan, including among the
displaced, as well as to register IDPs in general.252 UNHCR since 2015 has also been implementing a project
supporting the issuance of nationality certificates to people living in remote areas and to vulnerable IDPs,
including in Juba, Bor and Wau, in collaboration with the Directorate of Nationality, Passports and
Immigration.
Tanzania
As in Kenya, the transitional provisions put in place at independence continue to have relevance today in
Tanzania. In particular, the distinction between those who were automatically attributed citizenship on the
independence of Tanganyika and those who were required to register or naturalise in order to acquire
citizenship is still dominant in the understanding of citizenship for those on the mainland. The situation in
Zanzibar is somewhat different, because of the much older legislative framework for citizenship, but the preindependence rules still impact the interpretation of the laws currently in effect.
248
Report on the migrations of Mbororo nomadic pastoralists by the factfinding mission dispatched to the Democratic Republic Of
Congo, the Central African Republic and Cameroon, pursuant to Decision PSC/PR/Comm(XCVII) of the 97th Meeting of the Peace
and Security Council, Held on 25 October 2007, PSC/PR/2(CXIX).
249
G. Sørbø and A. Ahmed, Sudan Divided: Continuing Conflict in a Contested State, Springer, 2013.
250
Louisa Lombard, “A Page From Khartoum’s Playbook”, Latitude, New York Times Blog, 20 February 2012, available at:
http://latitude.blogs.nytimes.com/2012/02/20/south-sudan-like-khartoum-oppresses-ethnic-minority/?_r=0; see also UNHCR, A
Study of Statelessness in South Sudan, 2017, which quotes the State Director of the Directorate of Nationality, Passports and
Immigration in Renk: “[Mbororo] or Falata, in general, are not ever allowed to submit their application for [nationality certificates]
because they are not South Sudanese”.
251
Report of the Special Rapporteur on the human rights of internally displaced persons - Mission to South Sudan, 16 June 2016,
A/HRC/26/33/Add.3, paragraph 52.
252
60
See for example, South Sudan Situation: UNHCR Regional Update 78, 17–30 October 2015.
UNHCR / September 2018