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The Right to Nationality and the Secession of South Sudan: A Commentary on the Impact of the New Laws
OSIEA / AfriMAP
18 June 2012
In January 2011, after years of civil war, the people of South Sudan voted overwhelmingly for separation from the Republic of Sudan. The Republic of South Sudan obtained its independence six months later, on 9 July 2011. As part of the process of separation of the two states, people of South Sudanese origin who are habitually resident (in some cases for many decades) in what remains the Republic of Sudan are being stripped of their Sudanese nationality and livelihoods. This is happening irrespective of the relative strength of their connections to either state, and their views on which state they would wish to belong to.
This detailed legal commentary from the Open Society Initiative for East Africa (OSIEA) and AfriMAP looks at the issues created by the respective nationality laws of the two Sudans. It makes recommendations aimed at averting a crisis of statelessness that could potentially affect over half a million people, now unfolding against the background of open conflict between the two countries.
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International Law and the Right to Nationality in Sudan
Open Society Foundations
February 2011
In the aftermath of the referendums on the status of South Sudan and Abyei, questions surrounding nationality and citizenship loom especially large in Sudan. This report, published by the Open Society Foundations, weighs in on the debate and offers specific recommendations on the criteria that should be used to determine citizenship in the new entities. The paper argues strongly that the negotiating parties should reject ethnicity as the basis for determining membership of the new polities. Instead, they should adopt the nondiscriminatory norms established by international human rights law, providing for citizenship to be granted on the basis of any appropriate connection to the territory, respecting the rights of individuals to opt for the nationality they prefer, and with the default option based on habitual residence. Available in Arabic and English.
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Blog posting on citizenship in the Sudans
19 December 2011
On July 9, 2011, the Republic of South Sudan became Africa’s newest
independent state. Among the many issues that were supposed to have been
resolved before the formal secession of the new state—in fact, before
the January 9 referendum that approved its creation—was the question of
citizenship, and the rules for determining who would become a member of
the new entity. This never happened. The legal drafting issues are quite
technical, but fundamentally the problem was lack of political more...
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