A Study of Statelessness in South Sudan - 2017 3 Populations at Risk of Statelessness An analysis of the causes of statelessness in South Sudan enables the identification of populations at higher risk of statelessness. Already, the discussion has highlighted the heightened barriers to nationality certification for economically vulnerable individuals unable to afford the fee associated with the issuance of nationality certificates; geographically isolated rural communities with low awareness of the importance of nationality certificates, and displaced populations with limited access to necessary evidence and witnesses in support of their applications and difficulties to establish their descent (affiliation) once returned to South Sudan. In particular, considering the nature of forced displacement of IDPs and refugees of South Sudanese origin, some may remain at greater risk of statelessness due to inability, or impossibility to satisfy all evidentiary requirements for submitting nationality applications. Moving forward, this section focuses on the particular challenges faced by nomadic and trans-boundary communities. 3.1 Nomadic Communities Nomadic communities such as the Ambororo and the Falata experience significant discrimination in terms of access to nationality, reflected in the opinions of other ethnic groups: “These ethnic groups do not have right to apply for South Sudan nationality [certificates] because they are not South Sudanese. They have their countries and they should go back and obtain [nationality certificates] from their respective countries”.129 The Falata in particular, who are thought to have migrated from West Africa as early as 1917, are explicitly referred to as “foreigners” by the DNPI in Renk, who argue that they are not considered nationals under the laws of South Sudan.130 As such, the Falata are consistently denied access to nationality documentation procedures. In both Renk and Aweil, Falata community members complain that DNPI officials forbid them from even applying for South Sudanese nationality.131 Instead, the Falata are required to apply for immigration certificates, and pay the migration fee.132 Rampant discrimination is a major source of frustration for the Falata, who were allowed to register to vote during the referendum of 2011 but have been marginalised since independence, as illustrated by the following quotes from community members in both Renk and Aweil: “We willingly voted for South Sudan separation because we knew we were South Sudanese, but since its independence we are isolated […] when we voted were we not national or South Sudanese”?133 “If we are not citizens, as they refused to give us nationality, why did they allow us to vote during the referendum in 2011”? 134 Despite supporting South Sudan’s claims for independence, many Falata in South Sudan, including those who qualify for South Sudanese nationality by birth or descent as per South Sudanese legislation, find themselves denied access to nationality application procedures.135 Due to insufficient connections to other States, FGD with female Dinka in Renk. KII with State Director of DNPI in Renk. 131 FGD with male Dinka and Falata in Renk; FGD with male Falata in Aweil. 132 KII with State Director of DNPI in Renk; FGD with male Dinka and Falata in Renk. 133 FGD with male Dinka and Falata in Renk. 134 KII with Falata Community Leader in Aweil. 135 A Falata community leader confirmed that voter registration does not allow access to any types of services. The voter registration document was used for the referendum alone. 129 130 32