SOLVING STATELESSNESS
case in which discrimination tips over into denationalisation.44 At the
age of 17, Benjamin applied for her national identification number, a
document needed to enrol in university. Despite having been born in
Sudan and lived there all her life, she was told she was no longer a
Sudanese citizen primarily because her father’s last name indicated he
was from South Sudan – even though he had died six months before
South Sudan even existed as a country. When she challenged this denial
of her citizenship in the Sudanese Constitutional Court, the court ruled
that the automatic revocation of a minor’s Sudanese citizenship was
constitutional within the bounds of the law, based on Article 10(2) of
the Sudanese Nationality Act 1994 (amended 2011), which deprives
habitual residents of Sudan of their Sudanese nationality if they are
believed to have acquired “de jure or de facto” the citizenship of South
Sudan, without any right to contest the decision.
Although technically Benjamin and the tens of thousands of others who
now find themselves in a similar position have the option of reclaiming
their South Sudanese citizenship, the ability for this citizenship to have
meaning in practice is unrealistic for many people who have lived in
Khartoum for decades – or for some, all their lives. Many who are seen
as being from the South have put their roots down in Khartoum and
do not want to relocate. For instance one woman talked about the fact
that she has strong links with the North and would have preferred to
stay: “I am linked to the North because three of my children died and
were buried here”.45 A man from South Sudan who has only ever lived
in Khartoum talked of how he knows “nothing about the South [...]
Suddenly we found that we have to go back to South Sudan although
our culture and way of life is totally different from that one of South
Sudan. I am wondering how I am going to adapt to living there [...] I
don’t have any traditional marks on my face like people from South
Sudan, but even so people here discriminate against us.”46
Indeed, the very category “South Sudanese” is far from straightforward.
For instance a woman whose parents were from South Sudan, but who
44
45
46
For more details of this case, see S. Chiasson, Challenging Discriminatory
Legislation in Sudan Using African Legal Architecture, IRRI Blog, 14 October
2015.
Interview with woman originally from South Sudan, Khartoum, Sudan, 14 June
2012.
Interview with man originally from South Sudan, Khartoum, Sudan, 16 June
2012.
93
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