3. ENSURING THAT TODAY’S REFUGEES ARE NOT TOMORROW’S STATELESS: SOLUTIONS IN A REFUGEE CONTEXT The instrument guarantees “four freedoms” to the nationals of each State in both territories, namely: freedom of residence; freedom of movement; freedom to undertake economic activity; and freedom to acquire and dispose of property. The Framework Agreement tasks the two States to establish a Joint High Level Committee responsible for the implementation and adoption of these freedoms within two weeks of 27 September 2012. Enjoyment of the four freedoms is to some extent reinforced by the ‘Agreement between The Republic of the Sudan and The Republic of South Sudan on Border Issues’40 signed at the same time as the Framework Agreement. The Border Issues agreement recognises the importance of the “common heritage and abiding connections” between the two States, especially of communities living in border regions. It envisages a “soft border” that would allow for commerce and safe, free movement between the States. Security in the border areas generally is the joint responsibility of the two States. However, there was little movement on the implementation of these agreements and, as a result, hundreds of thousands of people effectively became stateless overnight as the two countries split apart. As a man who was originally from South Sudan, but had been living in Khartoum for decades, said, “here I am like a stranger”.41 Likewise a woman from the south, when asked if she had been treated differently since secession, said, “yes, of course! Once on the bus I had an argument with the ticket collector. All the passengers stood against me and they threw me off the bus.”42 She then went on to describe how her sister had been treated at school: “[O]ne day she came home crying. She said there was noise in the class and the teacher came and addressed the only three Southerners girls and told them they have no right to talk and can only stay if they act as if they are not present. Even once our neighbour disconnected the electricity wire from their house to ours and the man in the family asked his family not to talk to us. When we complained, they said ‘it is our electricity and our land’.”43 The case of Iman Hasan Benjamin provides a telling example of a 40 41 42 43 Sudan on Border Issues, signed Addis Ababa, 27 September 2012. Ibid. Interview with man originally from South Sudan, Khartoum, Sudan, 19 June 2012. Interview with woman originally from South Sudan, Khartoum, Sudan, 7 June 2012. Interview with woman originally from South Sudan, Khartoum, Sudan, 7 June 2012. 92

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