SOLVING STATELESSNESS
their territory, even if it means formalising their presence with the
offer of citizenship.
5. Sudan: Moving the boundaries of belonging
In Sudan, the secession of part of its territory into the new State of
South Sudan in 2011 created a population of several hundred thousand
who continue to live in Sudan and are now at risk of statelessness. This
is the result of a new citizenship law which provides for revocation
of Sudanese nationality if the person has a right to South Sudanese
nationality, regardless of whether or not they have actually acquired it.
Furthermore, because there is no mechanism for confirming nationality,
persons with a connection to South Sudan risk being made stateless if the
Sudanese government believes that they have a claim to South Sudanese
citizenship, but the South Sudanese government disagrees. Prior to
the referendum on the independence of South Sudan, conservative
estimates put the number of Sudanese of southern origin living in
Khartoum at 500,000, although the figure was likely to have been in the
millions.30 Although some had come to take up jobs as professionals, civil
servants and business people, the vast majority had fled as a result of
the longest-running conflict in the country between what is now South
Sudan and the centralised Sudanese State (often referred to inaccurately
as “the north”). Prior to the South’s independence, therefore, they were
technically internally displaced persons (IDPs).
However, instead of finding refuge in Khartoum, they found themselves
living as outsiders in the political epicentre of a regime that had
justified war on their communities on the basis of its inherent cultural
and religious superiority. While many benefited from the educational
and other opportunities presented by the urban environment and
re-contoured their lives to the dominant culture, many others found
themselves living in the margins of the city, de facto second class citizens
and subject to myriad violations of human rights.31 The war officially
ended with the signing of the Comprehensive Peace Agreement
(CPA) by the government of Sudan and the Sudan People’s Liberation
Movement/Army (SPLM/A) on 9 January 2005. With the agreement of
the CPA, a new era appeared to have dawned, with a new framework
30
31
United States Institute for Peace, Briefing, Six Important Issues for Sudan and
its Future, 2009.
See for example, Africa Rights, Sudan’s Invisible Citizens, 1995.
89
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