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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