A Study of Statelessness in South Sudan - 2017 Act”.43 This illustrates a lack of capacity within the DNPI, since article 45(2) of the Transitional Constitution clearly states, “Citizenship is the basis for equal rights and duties for all South Sudanese”.44 In view of this, there should be no exception provided for, or discrimination against, South Sudanese citizens by naturalisation. While it is the prerogative of the Interior Minister to grant naturalisation through the DNPI, no cases of naturalisation have yet taken place. 45 Provisions relating to naturalisation are thought to be inapplicable until 2021 due to the required ten years of residency.46 According to DNPI staff in Juba, “No one has obtained a South Sudanese nationality by naturalisation yet because it is not yet 10 years after the independence. According to the Act, it has to be 10 years after 2011 when the Nationality Act came into force”. 47 Child Nationality Section 8(3) of the Nationality Act provides that a child born after 2011 will be a South Sudanese national through the father or mother’s descent, whether by birth or naturalisation; no provision is included with regard to the place of birth of the child. Hence, children born in exile following displacement are entitled to South Sudanese nationality as long as their father or mother hold South Sudanese nationality at the time of the birth. The Nationality Act under Section 8(4) contains a foundling provision for a person that is “first found in South Sudan as a deserted infant of unknown parents” to be deemed, until the contrary is proven, a South Sudanese national.48 According to UNHCR, the term ‘infant’ in this context should be interpreted as “all young children who are not yet able to communicate accurately information pertaining to the identity of their parents or their place of birth”.49 Section 46 of the Regulations in relation to the foundling provision requires that the legal guardian of the applying deserted infant must additionally provide the Issuing Authority with the place and date the infant was found, and the confirmation that his/her parents are unknown. This provision may pose serious practical questions on how to confirm/prove the unknown character of the parents. Problematically, the Nationality Act does not include any provision for the acquisition of nationality of children whose parents are without nationality. Similarly, no specific provisions provide access to nationality for children born in South Sudan who otherwise would be stateless. Thus, the Nationality Act does not contain adequate legal safeguards for childhood statelessness prevention. 2.2 Administrative and Procedural Factors Beyond legislative barriers to nationality, administrative and procedural factors can further contribute to the risk of statelessness in South Sudan. In particular, the conformity of DNPI practices with the 2011 Nationality Act is at times called into question due to lack of capacity of staff, and prejudicial tendencies of issuing officers. The centralised structure of the DNPI creates geographic barriers to accessing nationality certification procedures, while further administrative requirements, such as the need for an assessment of age in the absence of birth certificates, can present further hurdles to accessing nationality certificates. 2.2.1 DNPI Practices According to FGD participants, documents required as part of the application for the nationality certificate include a birth certificate or assessment of age if unavailable; two passport size photos; a photocopy of a witness’s identity document; a residency certificate; specification of blood group, and an application form signed by the applicant and the witness. This is despite KII with DNPI Staff in Juba. See Article 45(2) of the Transitional Constitution of South Sudan (2011). 45 Conversation with a Director of the DNPI, Juba. 46 Conversation with a Director of the DNPI, Juba. 47 KII with DNPI Staff in Juba. 48 Section 8 (4) of the Nationality Act. 49 UNHCR, Guidelines on Statelessness No. 4: Ensuring Every Child’s Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, 21 December 2012, available at: http://www.refworld.org/docid/50d460c72.html 43 44 19