A Study of Statelessness in South Sudan - 2017
Questions
Answers
Sub-section 8 (1) (a) provides that an applicant is eligible for nationality by
birth if any of his/her Parents, grandparents or great-grandparents were
born in South Sudan. How do they prove that especially when there is no
birth certificate? Does this provision apply to foreigners e.g. Sudanese
whose parents, grandparents or great-grandparents were born in South
Sudan?
According to Nationality Regulations 2011 section 43 (b), applicants are
required to name their chief and sub-chief of their local unit. What do you
normally do when an applicant is an IDP and does not know the name of
their chief and sub-chief? What does a local unit refer to?
Sub-section 8(3) (a) states that “A person who is or was first found in South
Sudan as a deserted infant of unknown parents shall, until the contrary
is proved, be deemed to be a South Sudanese National by birth”. What
does it mean by “first found” in South Sudan? And what is the application
procedure for this category of applicants?
Section 46 (b), Regulation tasked the legal guardian of the applying
deserted infant must additionally provide to the Issuing Authority with
confirmation that his/her parents are unknown. What kind of confirmation
do you usually require? Is it a written letter from certain concerned
authority? If yes, which authority do you require this from?
The applicant must provide a witness(es) who is/are believed to be elders
and next of kin. Could you please clarify whether this refers to a village
elder or just anyone older than an applicant? Furthermore, can you please
clarify the specific characteristics a witness should have?
Section 10 (e) of the nationality Act 2011 states “With the recommendation
of the Minister, the President may grant to an Alien a South Sudanese
Nationality, provided that such Alien submits an application in accordance
with the procedures set forth in the Regulations, and provided that such
person— (e) has not been convicted of any offence related to honesty
and moral turpitude or any other serious offences”. What does serious
offence mean as under sub-section 10 (1) (e)?
In general, do you feel the Nationality laws have any gaps that allow some
applicants to run the risk of being stateless?
SECTION 2: Characteristics of Statelessnesst
SPECIFY INDICATORS ADDRESSED, AS PER ToR OR OTHER RELEVANT PROJECT
DOCUMENTS:
- Level of awareness of nationality application procedure
- Adversities encountered by various ethnic groups
- Demographic information of groups at risk of statelessness
- Impact relating to lack of nationality
- Importance of nationality documentation
- Importance of birth registration
- Past interventions on birth registration promotion
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