A Study of Statelessness in South Sudan - 2017
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with emphasis on self-identification set forth
by the UN Permanent Forum on Indigenous
Issues4;
Revitalise efforts to pass the Civil Registration
Law5 to accelerate the introduction of
formal procedures of birth registration in
cooperation with UNICEF, UNHCR and
other relevant stakeholders, and ensure
the free issuance of birth notification and
subsequent birth certificates to children
born in the territory of South Sudan by the
legally competent authorities;
Clarify procedures of administrative
appeals and judicial redress in nationality
and civil status documentation application
procedures, and ensure that rejected
applicants are aware of, and have access to
these processes of appeal;
Ensure adequate funding and resources to
DNPI in the state budget in order to enable
DNPI structures to effectively implement
nationality
legislation
and
related
procedures in the country;
Constitute an independent supervisory
body to facilitate the harmonisation of
practices within the DNPI, and ensure the
effective implementation of legislation
including through the provision of adequate
and sustainable yearly governmental
budgets.
Recommendations
to the Directorate of
Nationality, Passports,
and Immigration:
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As clearly stated in the Nationality Act,
ensure that sub-section 8(1)(b) relating to
indigenous groups is understood to be a
separate clause for nationality provision,
and not a necessary pre-condition for the
acquisition of nationality by residency or
descent;
Ensure access to nationality of marginalised
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ethnic groups, nomadic populations, and
trans-boundary populations residing in
the territory of South Sudan, given their
habitual residence in, and socio-economic
and cultural ties to South Sudan;
Cease requesting blood groups as part of
the application for issuance of nationality
certificates since this is not required by law;
Recognise marriage certificates issued by
traditional justice structures, as provided for
in the 2011 Transitional Constitution, during
naturalisation applications of persons
married to South Sudanese nationals;
Organise regular mandatory training for
DNPI officers on the implementation of the
2011 Nationality Act and Regulations, and
ensure that copies of the legislation are
available in each of the DNPI offices;
Support the development of standard
operating procedures that could take
the form of interpretative circulars and
check-lists on eligibility requirements for
field officers for the adequate, lawful, and
consistent implementation of the 2011
Nationality Act and Regulations throughout
the country;
Combat irregularities by ensuring public
awareness and transparency on application
procedures for nationality certification,
establishing or reinforcing strict disciplinary
and integrity procedures, and assessing the
potential for the payment of fees through
mobile money;
Reduce and harmonize fees throughout
the country for the issuance of nationality
certificates to reflect the economic reality
of South Sudan and ensure adequate
accessibility, and provide additional support
for certain vulnerable groups (such as
people with disabilities, female-headed
households, internally displaced persons,
etc.) to meet these fees, with the assistance
of the Social Welfare Department;
Recognise the specific challenges faced by
internally displaced persons, refugees, and
returnees in securing relevant witnesses
in the nationality certificate application
4
UN Permanent Forum on Indigenous Issues (2006), Fifth Session, “Factsheet: Who are Indigenous Peoples?” available at: http://www.un.org/esa/
socdev/unpfii/documents/5session_factsheet1.pdf.
5
On 8 January 2018, the Transitional National Legislative Assembly of South Sudan passed the Civil Registry Bill and on 16 January, it was sent
to the Office of the President for assent. According to the South Sudan Transitional Constitution 2011 Article 85(1), if the President did not sent his
comments within 30 days, the bill will be considered to be a Law as it was passed by the parliament.
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