carried out outside the procedures prescribed under the South Sudanese Nationality
Act, 2011,24 and rendered Ms. Animu effectively stateless.
44. On 26 October 2021, Animu submitted a complaint to the African Commission on
Human and Peoples’ Rights (African Commission) after unsuccessfully seeking redress
before domestic courts and authorities. At its 80th Ordinary Session, held from 24 July
to 02 August 2024, the African Commission adopted its decision in Communication
801/2021 - Afekuru Animu Risasi Amitai v. The Republic of South Sudan. 25 The
African Commission found that the arbitrary deprivation of nationality and
confiscation of her nationality documents violated her rights under Articles 1, 5,
7(1)(a) and (d), 12(1) and (2), 13 (1) and (2), and 15 of the African Charter on Human
and Peoples’ Rights. Accordingly, The African Commission directed that South
Sudan:26
a. ‘Take all necessary steps to restore all rights of the Complainant,
including restoration of her South Sudanese nationality certificate and
passport;
b. Ensure that domestic courts hear arguments and determine
compensation for moral and material prejudice, including loss of job
opportunities and earnings;
c. Adopt measures to prevent recurrence of similar violations;
d. Provide training on the right to nationality and statelessness to
relevant security agencies, including the Directorate of Nationality,
Passport, and Immigration, the South Sudan National Police Service,
and the Immigration and Passport Department within the Ministry of
Interior; and
e. Inform the Commission, within 180 days of transmission of the
decision, of all steps taken to implement it, in accordance with Rule
125(1) of the African Commission’s Rules of Procedure.’
45. Despite the decision of the African Commission, South Sudan has failed to implement
any of the measures ordered. The Government has neither restored Ms. Animu’s
nationality nor provided the African Commission with information on steps taken
toward implementation, contrary to its reporting obligations under the Commission's
Rules of Procedure. At the time of submission of this report, Animu remains
undocumented and effectively stateless. Her nationality certificate and passport have
not been restored, no compensation has been awarded, and no legislative,
administrative, or institutional measures have been adopted to prevent similar
violations from recurring.
ISSUE II - Secession, Displacement and Statelessness
24 The Nationality Act, 2011, sec. 15 (1) provides: ‘The President may, upon the recommendation of the Minister,
revoke the nationality of a South Sudanese National by birth after having proved that—
(a) the South Sudanese National has made a voluntary declaration renouncing his or her South Sudanese
nationality; or (b) the South Sudanese National has enlisted to serve or continues in the service of a foreign enemy
country in violation of any provisions of any applicable law of South Sudan.’
25 Communication 801/2021: Afekuru Animu Risasi Amitai v. The Republic of South Sudan, available at
https://achpr.au.int/en/decisions-communications/communication-80122?s=08.
26 Ibid, para 133.
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