© UNHCR
A Study of Statelessness in South Sudan - 2017
A South Sudanese boy waiting for his relative who is applying for South Sudanese nationality at DNPI in Juba.
1 Introduction
1.1
Background
After decades of civil war, the 2005
Comprehensive Peace Agreement set the
stage for a referendum on the independence
of South Sudan from Sudan.6 In preparation
for the referendum, there was a need to frame
South Sudanese nationality for the purpose
of determining voter eligibility. However, the
question of nationality in South Sudan was and
remains complex, in particular given the longstanding divisions between the predominantly
Arab North and the African South, and the
decades of marginalisation suffered by the latter
at the hands of Khartoum. For the purposes of
the referendum, the Interim Constitution of
Southern Sudan of 2005 described a South
Sudanese as follows:
“Any person whose either parent or
grandparent is or was a member of any
of the indigenous communities existing
in Southern Sudan before or on January
1, 1956; or whose ancestry can be traced
through agnatic or male line to any one
of the ethnic communities of Southern
Sudan; or any person who has been
permanently residing or whose mother
6
Comprehensive Peace Agreement between the Government of the Republic of the Sudan and the Sudan People’s Liberation Movement/Sudan
People’s Liberation Army (2005), see https://peaceaccords.nd.edu/sites/default/files/accords/SudanCPA.pdf
10