A Study of Statelessness in South Sudan - 2017 In practice, fulfilment of the residence criteria as outlined in Section 8(2) appears sometimes insufficient to be granted nationality. Rather, the concept of indigeneity remains at the forefront of the process. For example, the Falata community reports having migrated to South Sudan as early as 1917 and, according to DNPI staff, they should be eligible for nationality “as long as their parents or grandparents resided in South Sudan since 1956” as per Section 8(2)(b).39 However, in practice, the prejudices of DNPI officers appear to prevent the Falata from accessing nationality through residency: “I visited the DNPI office here in Renk some time back with the intention of applying for South Sudanese [nationality certificate] but, interestingly, the officer explained to me that he knows me and confirmed that he is aware of my residence in this area for decades but he could not grant me a South Sudan [nationality certificate] because there is no policy in South Sudan law that grants Falata the right to access a South Sudanese [nationality certificate]”.40 Naturalisation As an alternative to nationality by birth, Section 10 of the Nationality Act provides for naturalisation through residency. The eligibility requirements are as follows: the person should have attained the age of maturity; be of sound mind; have resided in South Sudan for a continued and uninterrupted period of ten years before the date of application; intend to continue residing permanently in South Sudan, and have not been convicted of any offence relating to honesty or moral turpitude or any other serious offences. The “sound mind” requirement could be considered discriminatory, particularly because neither the Nationality Act nor the Regulations have defined the criteria for a sound mind. However, Section 10(1) of the Act does give an opportunity for people with an “unsound mind” to make an application through a parent 39 40 41 42 18 or guardian. Meanwhile, although the offences related to honesty are clearly defined in the Penal Code of 2008, the offences relating to moral turpitude are not explained.41 The requirement for continuous and uninterrupted residence for ten years is also ambiguous; it is unclear whether visits abroad, even for a short period of time, could in practice undermine the application for naturalisation. Applicants who are not married to a South Sudanese national are likely to encounter further difficulties, as Section 56 of the Regulations specifies additional requirements including immigration records and resident ID – however, legal residency may be difficult to prove for foreign residents. There is also a provision for naturalisation by marriage under Section 13 of the Nationality Act. This provision requires an alien to be a “lawful wife or husband” of a South Sudanese national. The proof of marriage as outlined in Section 57 of the Regulations is a marriage certificate and a sworn statement by a witness to the marriage. In South Sudan, there is no statutory law that regulates marriage, and married people do not always obtain marriage certificates as there is no legal framework regulating registration of civil status. Both the DNPI and the Ministry of Health have reportedly drafted civil registration bills but it is unclear which will prevail and, eventually, marriage certificates will be the responsibility of the civil registry administration. The Director of the DNPI explains that, currently, “In most cases, people get marriage certificate from churches or mosques and then take such documents to a competent court for authentication. After this, it becomes a valid document that can be used as a legal document for naturalisation application”.42 Finally, there is lack of clarity on the part of DNPI staff regarding the rights of South Sudanese by naturalisation. Indeed, one DNPI staff member in Juba explains, “When a person becomes a South Sudanese by naturalisation, their rights are not the same as for those who are nationals by birth. It is not clear which rights they are not entitled to because as it is not mentioned in the FGD with male Falata in Aweil; KII with Falata Community Leader in Aweil; KII with DNPI Staff in Juba. KII with Falata Community Leader in Renk. See Chapter X and XI of the Penal Code Act 2008. Conversation with a Director of the DNPI, Juba.