A Study of Statelessness in South Sudan - 2017 5 Conclusion and Recommendations “In the past, people were identified by the marks on their foreheads, removal of teeth, name of a person, ethnic language, residence places […] However, they have been stopped by this generation who instead adopted nationality as a means of identification”.154 With the independence of South Sudan in 2011 came the advent of a new nationality. However, not all of those to whom this nationality should be granted, by right, have been recognised as South Sudanese. South Sudan has yet to ratify international conventions on the protection of stateless persons and the prevention of statelessness; neither has South Sudan ratified the African Charter on the Rights and Welfare of the Child, which includes important provisions for childhood prevention of statelessness. Furthermore, the 2011 Nationality Act and Regulations are fraught with ambiguities which perpetuate the risk of statelessness and therefore are not aligned with international standards. South Sudan has nevertheless reaffirmed its commitment to addressing these issues through the recent adoption of the Declaration on Eradication of Statelessness, signed by the Member States of ICGRL in Brazzaville on 16 October 2017. Existing legislation is not always respected, with the DNPI suffering from a worrying lack of capacity due to the shortage of training provided and lack of operational guidance and adequate monitoring. Additional conditions that are not contemplated by the nationality legislation (such as blood group queries) are often required in practice by the DNPI officers for the issuance of a nationality certificates. Compounding the situation, respondents reported incidences of irregularities among DNPI staff. Lack of birth registration complicates the issuance of nationality documentation, with 154 assessments of age required as part of the application procedure due to the lack of birth certificates and the requirement of further proof of ethnic belonging. Finally, contextual factors such as distance and financial difficulties further exacerbate access to nationality documentation, and in some cases the risk of statelessness, in particular as a result of insecurity, widespread displacement and the current economic crisis. Awareness of the importance of nationality documentation and associated procedures is limited, in particular in rural areas. Few awareness campaigns have been conducted, partly due to the complex operational context within which the DNPI operates. Despite the official presence of the DNPI in all ten former states, the continued processing of nationality certificates at headquarters in Juba causes lengthy delays in state-level applications. In some cases, services are unavailable and applicants are obligated to travel to headquarters to process their claims. Those whose application for certification of nationality is questioned also face the prospect of a costly journey to Juba. Even excluding travel, the cost of the nationality certification procedures represents a significant barrier in light of the economic crisis, impeding lowincome households and vulnerable individuals from seeking access to proof of nationality. Certain groups also face barriers to nationality by virtue of their ethnic origins and perceived associated physical characteristics — for instance, light skin is reported to undermine applications for South Sudanese nationality. While trans-boundary communities face additional challenges in proving their South Sudanese origins, certain nomadic groups such as the Falata are often actively and arbitrarily denied access to application procedures as a result of discrimination and non-compliance with the nationality law on the part of DNPI officers. FGD with male Dinka in Renk. 39