36. The R-ARCSS provides a clear framework for protecting the rights of displaced
populations. Chapter III recognizes the right of refugees and internally displaced
persons (IDPs) to return voluntarily, safely, and with dignity; the right of returnees to
protection under the Bill of Rights; the right of refugees and IDPs to citizenship; the
establishment of mechanisms for registration, identification, and documentation of
affected populations, including children, spouses, land, and property lost during the
conflict; and the responsibility of the Revitalized Transitional Government to
implement programmes for the relief, repatriation, resettlement, rehabilitation, and
reintegration of refugees, returnees, and internally displaced persons in collaboration
with humanitarian partners.19
37. More than a decade of conflict has resulted in large-scale displacement, repeated
cross-border movements, and the loss or destruction of civil documentation for many
South Sudanese. South Sudan continues to experience one of the largest
displacement crises in Africa, with millions of refugees, returnees, and internally
displaced persons (IDPs) affected by conflict, insecurity, and humanitarian
emergencies. Displacement has resulted in the loss of identity documents, disruption
of civil registration, and significant barriers to proving nationality, placing many
individuals, particularly women and children, at heightened risk of exclusion and
statelessness. Refugees returning from neighbouring countries, IDPs, pastoralist
communities, border populations, women, and children born in displacement
continue to face practical barriers in obtaining proof of nationality and legal identity.
Without effective civil registration and accessible documentation systems, these
populations remain at heightened risk of exclusion from essential services, political
participation, and statelessness.
38. Civic and political space in South Sudan remains restricted despite constitutional
guarantees of freedom of expression, association, peaceful assembly, and
participation. Human rights defenders, journalists, civil society organizations, and
political actors continue to face intimidation, harassment, censorship, and arbitrary
restrictions, while media freedom remains limited. These constraints reduce public
awareness of citizenship rights, limit access to legal information and documentation
services, and hinder citizens' ability to challenge decisions affecting their nationality
and legal identity. They disproportionately affect women, displaced people, refugees,
returnees, and marginalized communities, increasing the risk of exclusion and
statelessness. South Sudan should therefore strengthen civic and political freedoms,
protect media independence, and ensure an enabling environment for everyone to
exercise their rights and access nationality and legal identity without discrimination.
ISSUE I - Deprivation of Nationality and Non-Implementation of
Animu’s case
39. South Sudan is bound by international, and regional obligations to prevent arbitrary
deprivation of nationality and to protect individuals from statelessness. The South
Sudan Nationality Act, 2011 further establishes the legal framework governing
19 Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan, available at:
https://www.peaceagreements.org/agreements/2112/.
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