A Study of Statelessness in South Sudan - 2017 · · · · with emphasis on self-identification set forth by the UN Permanent Forum on Indigenous Issues4; Revitalise efforts to pass the Civil Registration Law5 to accelerate the introduction of formal procedures of birth registration in cooperation with UNICEF, UNHCR and other relevant stakeholders, and ensure the free issuance of birth notification and subsequent birth certificates to children born in the territory of South Sudan by the legally competent authorities; Clarify procedures of administrative appeals and judicial redress in nationality and civil status documentation application procedures, and ensure that rejected applicants are aware of, and have access to these processes of appeal; Ensure adequate funding and resources to DNPI in the state budget in order to enable DNPI structures to effectively implement nationality legislation and related procedures in the country; Constitute an independent supervisory body to facilitate the harmonisation of practices within the DNPI, and ensure the effective implementation of legislation including through the provision of adequate and sustainable yearly governmental budgets. Recommendations to the Directorate of Nationality, Passports, and Immigration: · · As clearly stated in the Nationality Act, ensure that sub-section 8(1)(b) relating to indigenous groups is understood to be a separate clause for nationality provision, and not a necessary pre-condition for the acquisition of nationality by residency or descent; Ensure access to nationality of marginalised · · · · · · · ethnic groups, nomadic populations, and trans-boundary populations residing in the territory of South Sudan, given their habitual residence in, and socio-economic and cultural ties to South Sudan; Cease requesting blood groups as part of the application for issuance of nationality certificates since this is not required by law; Recognise marriage certificates issued by traditional justice structures, as provided for in the 2011 Transitional Constitution, during naturalisation applications of persons married to South Sudanese nationals; Organise regular mandatory training for DNPI officers on the implementation of the 2011 Nationality Act and Regulations, and ensure that copies of the legislation are available in each of the DNPI offices; Support the development of standard operating procedures that could take the form of interpretative circulars and check-lists on eligibility requirements for field officers for the adequate, lawful, and consistent implementation of the 2011 Nationality Act and Regulations throughout the country; Combat irregularities by ensuring public awareness and transparency on application procedures for nationality certification, establishing or reinforcing strict disciplinary and integrity procedures, and assessing the potential for the payment of fees through mobile money; Reduce and harmonize fees throughout the country for the issuance of nationality certificates to reflect the economic reality of South Sudan and ensure adequate accessibility, and provide additional support for certain vulnerable groups (such as people with disabilities, female-headed households, internally displaced persons, etc.) to meet these fees, with the assistance of the Social Welfare Department; Recognise the specific challenges faced by internally displaced persons, refugees, and returnees in securing relevant witnesses in the nationality certificate application 4 UN Permanent Forum on Indigenous Issues (2006), Fifth Session, “Factsheet: Who are Indigenous Peoples?” available at: http://www.un.org/esa/ socdev/unpfii/documents/5session_factsheet1.pdf. 5 On 8 January 2018, the Transitional National Legislative Assembly of South Sudan passed the Civil Registry Bill and on 16 January, it was sent to the Office of the President for assent. According to the South Sudan Transitional Constitution 2011 Article 85(1), if the President did not sent his comments within 30 days, the bill will be considered to be a Law as it was passed by the parliament. 7

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