SUDAN CITIZENSHIP SYMPOSIUM KEYNOTE ADDRESS BY MS. ERIKA FELLER ASSISTANT HIGH COMMISSIONER - PROTECTION, UNHCR Khartoum, 6 November 2010 UNHCR welcomes the fact that the CPA parties have committed themselves to avoid statelessness within the framework of their negotiations. But even if statelessness is not intentionally created, there is the potential for it to result from the way citizenship frameworks are negotiated and laws are drafted. It is important to be alert to potential causes of statelessness in the current situation and to preclude them coming about through carefully constructed, transparent and accessible legislation and procedures. Let me elaborate a little on this before I close. Statelessness may occur where nationality is withdrawn before another nationality has been acquired. Nomadic groups, displaced or migrant groups and populations at the border may be at risk of statelessness because of difficulties with proving their entitlement to nationality of either north or south. The introduction of inclusive and non-discriminatory citizenship arrangements based on appropriate ties to the state in question (birth on the territory, habitual residence, family ties), rather than ethnic origin can help to prevent statelessness. Recognition of dual citizenship or providing for a right to choose where two citizenships are available can also help reduce statelessness. To accompany the citizenship arrangements which are introduced, there must be procedures to ensure they are applied with the necessary flexibility and fairness. Individuals must be given the opportunity to confirm their nationality or appeal against a decision to withdraw their nationality, for example by demonstrating that they have not acquired any other nationality and would therefore be stateless. Finally, in the event of some individuals who are resident in either state being for whatever reason unable to acquire the citizenship of that state, they nevertheless have rights which must be formally protected, including such basic rights as security of person, freedom of movement, freedom from arbitrary detention or expulsion, and socio-economic rights such as health, education and work. Conclusion In conclusion, the best possible outcome of the CPA process from our perspective would be one which achieves peace, stability and respect for human rights, which enables existing refugees and IDPs and other affected communities to retain freedom of choice regarding place of residence, and which ensures in the short and the longer term that there will be no stateless persons, nor a new exodus of refugees or IDPs. Despite decades of conflict in Sudan, perhaps no country in Africa has a longer history of welcoming newcomers, from West Africa, North Africa and the Arab world, to settle on its soil. And while the country has endured epic struggles in search of a collective national identity, there has never been serious disagreement over the fact that the inhabitants of the continent’s largest country are all Sudanese. As one long-time observer of Sudan noted, “The Sudanese have shown a remarkable capacity for reflection, reinvention and civic debate about their collective identity.” UNHCR sincerely hopes that the resolution of citizenship arrangements, which affect the lives and futures of millions of Sudanese, will find a priority place on the agendas of the CPA parties. I look forward to this symposium providing a timely contribution to this effort. 5

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