Sudanese citizenship and nationality,’ reflecting a continuation of principles previously found in Sudanese law. 52. South Sudanese nationality law is predominantly based on jus sanguinis (descent) rather than jus soli (birth on the territory). Citizenship is not granted based on birth in South Sudan alone. Instead, individuals must demonstrate that a parent, grandparent, or great-grandparent was born in South Sudan, or that they belong to ‘one of the indigenous ethnic communities of South Sudan.’28 53. Neither the Transitional Constitution nor the Nationality Act defines the criteria for membership in an ‘indigenous ethnic community,’ creating legal uncertainty. This has implications for individuals of South Sudanese origin who have lived for extended periods in Sudan, as well as for minority, cross-border, or mixed-ethnicity groups. In practice, applicants without documentary evidence may rely on testimony from community or traditional leaders, and may face additional informal requirements such as language proficiency or subjective assessments of identity. Individuals from border regions, those of mixed ethnicity, or those perceived as ‘Arab,’ as well as those who have lived abroad for prolonged periods, may encounter particular difficulties. 54. Although South Sudan recognises the right of every child to acquire a nationality,29 legal safeguards to prevent childhood statelessness remain limited. The law does not provide for nationality based on birth in the territory for children who would otherwise be stateless, relying instead on descent-based provisions. 55. Protections for foundlings are also limited. While international standards recommend that safeguards apply to all children of unknown parentage, South Sudanese law provides protection only for abandoned infants. There are no specific provisions addressing the acquisition of nationality by adopted children. 56. These gaps, combined with challenges in accessing civil documentation, increase the risk of children being unable to acquire a nationality. 57. Although the Constitution allows dual nationality,30 acquisition of nationality through naturalisation based on long-term residence is not governed by clear or accessible criteria and remains subject to significant executive discretion. ISSUE IV - Childhood Statelessness and Lack of Children’s Safeguards 58. Children are particularly vulnerable to statelessness in South Sudan due to the underdeveloped birth registration system, limited awareness of nationality rights, displacement, and barriers to accessing civil registration services. Birth registration rates remain low across many parts of the country, with estimates indicating that only about 36% of children under the age of five are officially registered.31 Children born in displacement settings, refugee camps, remote communities, or outside health 28 The Nationality Act, 2011, Article 8. 29 The Transitional Constitution, 2011, Part II. 30 The Transitional Constitution, 2011, Part III. 31 UNICEF, ‘The 2025 Multiple indicator cluster survey’, available at: https://www.unicef.org/southsudan/documents/south-sudan-mics-2025-factsheet. 11