3. ENSURING THAT TODAY’S REFUGEES ARE NOT TOMORROW’S STATELESS:
SOLUTIONS IN A REFUGEE CONTEXT
had been born in Khartoum and married someone from the North,
argued with her daughter during the interview about whether or not
they would “return” to the South. The mother insisted she was going
to stay as her husband was there, and the daughter wanted to leave
Khartoum.47 Likewise, as one woman whose “grandfathers were born
in the South” but herself was born in Khartoum, said, “I have no desire
to go to the South. All my family have died, I have no home there. I don’t
know what is going to happen. I want to stay in Khartoum.”48
To a certain extent, the situation shifted – somewhat ironically –
with the outbreak of war in South Sudan in December 2013, which
made “return” even less viable In February 2015, the government
started to register South Sudanese people and issue ID cards which
give them the right to work and access basic services.49 It was the
result of an agreement signed in December between UNHCR, Sudan’s
Commissioner for Refugees and the Directorate General of Passports
and Immigration. It remains unclear how many have received these
documents, and what impact it has had on their day-to-day ability to
access resources. In addition, these documents are not passports: they
still remain without a nationality.
The fact remains that nationality is being withdrawn on the basis of an
assessment by the government of Sudan that an individual has South
Sudanese citizenship without any evidence of this – and regardless of
whether or not the person involved would have the ability in practice
to take up this status. As a result, it is clear that Sudanese citizenship
law must be urgently reformed to ensure that statelessness is avoided,
particularly for those who have, or are perceived to have, connections to
the territory of South Sudan. Currently the law provides for automatic
revocation of nationality for those who have a potential claim to South
Sudanese citizenship regardless of whether or not they have actually
asserted that claim (or would actually be able to do so under South
Sudanese law). Therefore, in order to avoid statelessness, it is clear that
revocation should only occur where it is confirmed that an individual
has, in fact, obtained South Sudanese nationality. Furthermore, it
47
48
49
Interview with woman originally from South Sudan, Khartoum, Sudan, 23 June
2012.
Interview with woman originally from South Sudan, Khartoum, Sudan, 3 June
2012.
UNHCR, Sudan begins issuing IDs for South Sudanese, Press Release, 3 March
2015, http://www.refworld.org/docid/54f5c2f44.html.
94
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