A Study of Statelessness in South Sudan - 2017 Executive Summary The 1954 Convention Relating to the Status of Stateless Persons defines a stateless person as someone “who is not considered a national by any State under the operation of its law”. Statelessness is one of the major concerns in the Republic of South Sudan (hereinafter, South Sudan), and the United Nations High Commissioner for Refugees (UNHCR) is working with the Government of South Sudan to ensure access to nationality and nationality documentation by stateless persons and persons at risk of statelessness in the country. The purpose of this study is to collect and analyse current and reliable data on the present situation in South Sudan, in support of UNHCR’s efforts to address statelessness in the country. Causes of Statelessness in South Sudan In the wake of South Sudan’s independence from the Republic of the Sudan, the latter’s decision to revoke nationality from any individual qualifying for South Sudanese nationality has left many people at risk of statelessness. However, South Sudan is not party to either the 1954 Convention Relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness. Ambiguities in South Sudan’s 2011 Nationality Act and associated Nationality Regulations1, including the use of terms such as “indigenous”, contribute to an increased risk of statelessness in South Sudan. With regards to administrative and procedural risk factors, the Directorate of Nationality, Passports and Immigration (DNPI) suffers from a problematic lack of capacity, with various misinterpretations of the Nationality Act and its Regulations by DNPI officers undermining access to nationality documentation. In particular, some DNPI Officers interpret the alternative conditions set in Section 8(1)(a) and 8(1)(b) as cumulative conditions to acquire nationality by birth and thus, requiring both conditions to be fulfilled despite the clear use of the word ‘or’ in the Nationality Act. Problematically, possession of nationality documentation in South Sudan is widely seen as being synonymous with possessing a nationality, including among DNPI officers; in effect, lack of documentation calls nationality itself into question. The Nationality Regulations provide for two pieces of documentation: a nationality certificate which confirms that the holder is a South Sudanese national, and a national identity card which confirms the identity of the holder. The latter is the recognised personal identification document in South Sudan and can only be issued to individuals with nationality certificates. In practice, however, the DNPI is currently only issuing nationality certificates and has not yet started issuing national identity cards, as legislation regarding the national identity cards has yet to be passed into law.2 To obtain a nationality certificate, the applicants are requested to provide a birth certificate or age assessment if unavailable, two passport size photos, a photocopy of a witness’s identity document, and a signed application form. Although not clearly stated in the legislation, applicants must also in practice provide a residence certificate and specification of blood group. The applicants are additionally required to pay for the issuance of the nationality certificate, and undergo a formal interview by the DNPI before the nationality certificate can be issued. Although the states of South Sudan are governed on the basis of decentralisation as per the Transitional Constitution of 2011, nationality certificates continue to be processed in Juba, causing lengthy delays in the processing of applications at the state level.3 While the DNPI 1 South Sudan’s Nationality Regulations complement the 2011 Nationality Act, forming part of one single legal instrument. See The Nationality Act, 2011 [South Sudan], 7 July 2011, available at: http://www.refworld.org/docid/4e94318f2.html; Nationality Regulations, 2011 (South Sudan), 29 December 2011, available at: http://www.refworld.org/docid/4ffab4582.html 2 Substantial confusion emerged among research participants regarding the appropriate terminology for nationality certificates, which many referred to as ‘national ID’. For the sake of clarity, terminology has been standardised throughout this report. 3 The ten former states of South Sudan were dissolved into 28 states by presidential decree in 2015, then into 32 states by further decree in 2017. 2