GUJARAT NATIONAL LAW UNIVERSITY

PUBLIC INTERNATIOPNAL LAW PROJECT

COUNTRY – SOUTH SUDAN

SUBMITTED BY: SUBMITTED TO:

NAME: Anant Tiwari Ms. Prabhavati Baskey
SEM.: 4TH Asst. Professor of Law
BATCH: 2018-2023 GNLU
REGISTRATION NO.: 18B176
1. INTRODUCTION OF THE JURISDICTION

South Sudan, officially called as Republic of South Sudan is a landlocked country in

East-Central Africa. In East, it is bordered with Ethiopia, to North by Sudan, to South
by Uganda and to the West Central African Republic and to South-East by Kenya.

The country gains its independence in 20111 from the Sudan and is one of the most
recent sovereign country of the world. The capital and the largest city is Juba. The
country has a population of 12 million, mostly of Nilotic people (people indigenous of
Nile Valley) and most people adhere to Christianity as a religion or various traditional
faiths.

The country has suffered from the ethnic violence and also the civil war which took
the lives of lakhs of the people of the country just after the independence in 2013 due
to the rivalry arises between the President and the Vice President who belongs to the
different communities and thus it turned into the ethnic war and the war between
communities.

This war comes at the end on February 22, 2020 when these rivals struck a unity deal
and agreed to form a coalition government.

The country follows the Presidential System of the government and also has National
Legislature, which comprises of 2 houses: a directly elected assembly (National
Legislative Assembly) and a second is House of Representatives of the states (Council
of States). The country also has an independent judiciary system, the head of which is
the Supreme Court.

2. THE CONSTITUTIONAL MECHANISM REGARDING

CITIZENSHIP AND IMMIGRATION IN THE
CONSTITUTION OF THE JURISDICTION.

1
https://web.archive.org/web/20110711141830/http://www.sudantribune.com/South-Sudan-passes-
interim,39457
The Nationality Act, 2011 of the South Sudan provides for the nationality of the
country. Chapter III and IV of the Act which contains section 8 to section 14 provide
the nationality of the country in two ways-

1. By Birth
2. By Naturalization

1. Nationality by Birth-This process is provided under section 8 of the

Nationality Act, 2011.
Eligibilities required-
(1) A person born before or after this Act has entered into force shall be considered a
South Sudanese National by birth if such person meets any of the following
requirements—
(a) Any Parents, grandparents or great-grandparents of such a person, on the male or
female line, were born in South Sudan; or
(b) Such person belongs to one of the indigenous ethnic communities of South Sudan.

(2) A person shall be considered a South Sudanese National by birth, if at the time of
the coming into force of this Act—
(a) He or she has been domiciled in South Sudan since1.1.1956; or
(b) If any of his or her parents or grandparents have been domiciled in South Sudan
since 1.1.1956.

(3) A person born after the commencement of this Act, shall be a South Sudanese
National by birth if his or her father or mother was a South Sudanese National by
birth or naturalization at the time of the birth of such a person.
(4) A person who is or was first found in South Sudan as a deserted infant of
unknown Parents shall, until the contrary is proved, be deemed to be a South
Sudanese National by birth.

The Certificate of Nationality is provided by the minister to an applicant who is South

Sudanese National by Birth as per the requirements mentioned under section 8.
Nationality by Naturalization- provided under section 10 and 11 of the Nationality
Act, 2011
Section 10:- Eligibility Requirements-

(1) With the recommendation of the Minister, the President may grant to an Alien a
South Sudanese Nationality, provided that such Alien submits an application in
accordance with the procedures set forth in the regulations, and provided that such
person—

(a) Has attained the age of maturity;

(b) is of sound mind;

(c) Has been resident in South Sudan for a continuous and uninterrupted period of ten
(10) years before the date of the application;

(d) Intends, to continue to reside permanently in South Sudan; and

(e) Has not been convicted of any offence related to honesty and moral turpitude or
any other serious offences.

(2) With regards to a person of unsound mind, the application shall be made by a
guardian or parent as appropriate.

Section 11:- Nationality by Naturalization-

(1) The Minister may issue a nationality by naturalization to an Alien who meets the
eligibility requirements provided under Section 10 above. The form of which and the
procedures for its issuance shall be set forth in the regulations. The Alien shall have
the status of a South Sudanese National with effect from the date of issuance of the
Nationality.

(2) Upon the application of an Alien, the Minister may include the names of any
Minors for whom the applicant is the Parent or Guardian.

(3) The President may, upon the recommendation of the Minister, issue a nationality
by naturalization to an Alien who has served South Sudan in a capacity which is
considered to have been in the national interest.
12. Oath of Allegiance

Before becoming a South Sudanese National by naturalization in accordance with

Sections 10 and 11 above, each Alien must take the oath of allegiance in the form set
forth in schedule 1 of this Act.

13. Married Alien

(1) An alien married to a South Sudanese National may acquire a nationality by

naturalization, upon the approval of the Minister on an application submitted in
accordance with the procedures set forth in the regulations, if such an alien is a lawful
wife or husband of a South Sudanese National and has been living with her husband
or his wife in South Sudan for a continuous period of not less than five years before
the date of his or her application.

(2) An alien, who has become a South Sudan National in accordance with sub-section
(1) above, shall not be required to renounce the nationality of his or her previous
country.

(3) Notwithstanding the provisions of sub-section (1) above, the President may upon
the recommendation of the Minister, exempt any person married to a South Sudanese
National from satisfying the requirements stipulated under the sub-section referred to
herein.2

3. THE MAJOR COMMUNITIES OF THE REFUGEES

WHICH ARE SUBJECT TO THE HUMAN RIGHTS
VIOLATION? GIVE A BRIEF HISTORICAL ACCOUNT

2
 South Sudan: The Nationality Act of 2011 [South Sudan],  7 July 2011, available
at: https://www.refworld.org/docid/4e94318f2.htm
OF THE REFUGEES IN THE JURISDICTION AND ITS
MAIN CAUSE.

According to the UNHCR, South Sudan have the largest refugee crisis in the Africa
and 3rd in the World. Currently there are about 4.3 million displaced people from
South Sudan which includes refugees, IDPs, and asylum seekers. And more worst is
that over half of them, around 63% are children. Over half of refugees are hosted by
the neighbouring countries, mostly by Sudan and Uganda.

South Sudan was formed as a new country in 2011. The deadly civil war started in
2013 after the President Kiir removed his deputy Riek Machar and 10 others alleging
them of attempting coup d’état( blow against the government). The former belongs to
Dinka ethnic group and the latter to the Nuers and thus an ethnic civil political
struggle began in the country which results into the killing of around 400,000 people.
The wars lead the country to a complicated and dangerous situation of civil struggle,
economic collapse, disease and hunger. This war caused millions to leave and left
millions more internally displaced.

The vast majority of those fleeing South Sudan (over 80 per cent) are women and
children, with children accounting for 63 per cent of the total South Sudanese refugee
population. They are survivors of violent assaults, sexual harassment and have also
been alienated from their parents and move alone.3

The other people who are potentially affected adversely due to the new nationality
laws are members of the ‘indigenous ethnic communities of South Sudan’. They don’t
have evidentiary requirements for South Sudanese Nationality which turns them into
the stage of statelessness. Same are the difficulties with member of cross-border
ethnic groups.4

3
https://www.unrefugees.org/news/south-sudan-refugee-crisis-explained/
4
https://www.opensocietyfoundations.org/uploads/f0afaf98-0bb3-4e46-b6c1-aefbf4c3debf/right-
nationality-and-secession-south-sudan-summary-recommendations-20120618.pdf
4. THE NATIONAL LEGISLATIVE MEASURES CONCERNING THE
NATIONALITY AND THE IMMIGRATION LAWS

(i) How the following terms are defined-

a) Alien- means a person who is not a South Sudanese National.5

b) South Sudanese National- means a person who satisfies theeligibility criteria
provided under Chapters III and IVof the Nationality Act, 2011.
c) Immigrants- N.A.
d) Refugee- this term is defined under section 7 of the Refugee Act, 2012.
A person qualifies for refugee status for purposes of this Act, if that person:
(a) based on a well-founded fear of being persecuted by reason of his or her race,
tribe, religion, nationality, political opinion or membership of a particular social
group, is outside the country of his or her nationality and is unable or unwilling to
avail himself or herself of the protection of his or her country, or, not having a
nationality and being outside the country of his or her former habitual residence is
unable or, owing to such fear, unwilling to return to it; (b) based on external
aggression, occupation, foreign domination or events seriously disturbing or
disrupting public order in either a part or the whole of his or her country of origin or
nationality, is compelled to leave his or her place of habitual residence in order to
seek refuge elsewhere;
(c) Is a dependent of a person contemplated in paragraph (a) or (b);
(d) based on well- founded fear of persecution due to gender discriminating practices,
that person is compelled to leave his or her place of habitual residence in order to seek
refuge in another place outside the country of his or her origin or nationality;
(e) That person is considered a refugee under any treaty obligation to which South
Sudan is a party, or any law in force at the commencement of this Act and bilateral
agreements concerning refugees.6

(ii) Grounds of loss of Nationality/ Citizenship –

This revocation of nationality is provided in Chapter V of the Nationality Act, 2011
under section 15 as follows-

5
South Sudan: The Nationality Act of 2011 [South Sudan],  7 July 2011, available
at: https://www.refworld.org/docid/4e94318f2.html 
6
https://www.refworld.org/docid/4e94318f2.html
15. Revocation of nationality-
(1) The President may, upon the recommendation of the Minister, revoke the
nationality of a South Sudanese National by birth after having proved that— (a) the
South Sudanese National has made a voluntary declaration renouncing his or her
South Sudanese nationality; or
(b) the South Sudanese National has enlisted to serve or continues in the service of a
foreign enemy country in violation of any provisions of any applicable law of South
Sudan.

(2) The President may, upon the recommendation of the Minister, revoke the
nationality of a naturalized South Sudanese National, after having proved that the
South Sudanese National—
(a) has obtained the nationality by naturalization through fraud, misrepresentation of
any material fact, or intentionally provided false information;
(b) has been unlawfully trading or communicating with an enemy state, or any person
affiliated with an enemy state, during any war in which South Sudan is or has been
involved, with the knowledge that such transactions or communications may assist the
enemy state in such a war;
(c) has been convicted in South Sudan of an offence related to espionage or any of the
offences against the state provided under the provisions of the Penal Code, 2008, in
the interest of an enemy state; or
(d) has been convicted of a serious offence under the provisions of the Penal Code,
2008 prior to the expiry of the first five years following the date of his or her
naturalization.

(3) The President, before issuing the order of revocation as provided in sub-sections
(1) and (2) shall notify the aggrieved South Sudanese National of his or her right to
request the referral of the matter to an Inquest Committee within a period of six
months from the date of such notice.

(iii) Unconditional Birthright Citizenship at Birth-

Aperson born before or after this Act has entered into force shall be considered a
South Sudanese National by birth if such person meets any of the following
requirements—
 (a) any Parents, grandparents or great-grandparents of such a person, on the male or
female line, were born in South Sudan; or
(b) such person belongs to one of the indigenous ethnic communities of South Sudan.

(iv) Birthright Citizenship with Conditions-

(1) Aperson shall be considered a South Sudanese National by birth, if at the time
of the coming into force of the Nationality Act— (a) he or she has been domiciled in
South Sudan since 1.1.1956; or (b) if any of his or her parents or grandparents have
been domiciled in South Sudan since 1.1.1956.
(2) A person born after the commencement of this Act, shall be a South Sudanese
National by birth if his or her father or mother was a South Sudanese National by
birth or naturalization at the time of the birth of such a person.
(3) A person who is or was first found in South Sudan as a deserted infant of
unknown Parents shall, until the contrary is proved, be deemed to be a South
Sudanese National by birth.

(v) Date of awarding of Citizenship (If any).

Not Available.

(vi) Basis of exemption or exclusion-

Exemption- Granted under the Nationality Act, 2011
1. The President may, upon the recommendation of the Minister, issue a
nationality by naturalization to an Alien who has served South Sudan in a capacity
which is considered to have been in the national interest.7

(vii) Is religion a basis of exclusion or exemption?

No, no such provision.

5. The administrative and policy measures concerning the

Nationality and the Immigration issues-

7
https://www.refworld.org/pdfid/51499cd02.pdf
The problem with South Sudan is that due to the continuous war for many years.
People, especially women and children left the South Sudan and took shelter in
nearby countries. Also, within the country itself there are more than 3 million people
who are internally displaced from their places.
This is the current situation of South Sudanese refugees taking asylum in various
nearby countries according to the latest report of UNHCR8-

Country Number of South Sudanese

Refugee
Central African Republic (CAR) 2,571

Uganda 785,104
Sudan 848,425
Ethiopia 422,240
Kenya 114,432
Democratic Republic of Congo 95,181

Although the country was suffering from war since 2013, the country is the
destination of many migrants, as it is transit country on the route to North Africa. In
2017, South Sudan is hosting around 845,000 migrants, according to the report
published by United Nations International Migration Report.9

South Sudan’s Key Migration Legislation and Policy Responses-

Policy Objectives
Nationality Act,2011 Provides for matters related to
nationality and naturalization.
Penal Code, 2008 Prohibits human trafficking
Child Act Protects children, including
refugees and internally
displaced minors

8
https://www.unhcr.org/5c330cf34.pdf
9
https://www.iom.int/news/south-sudans-first-migration-policy-takes-another-step-forward
 Passports and Immigration Provides for matters related to
Act, 2011 nationality, identification,
documentation, and
immigration including entry,
departure, registration and
deportation.

The Directorate of Immigration, Passport, Nationality and Identification, is a key

player in South Sudan's migration policy system. Its mandate includes facilitating the
legal movement of individuals to foster economic growth across the country and other
nations. The Directorate also addresses security concerns which are intertwined with
migration issues in South Sudan. An example of such an intention is the desired
outcome of increasing the percentage of revenue from immigration (MFEP, 2011).10

6. DATA ON THE NUMBER OF THE IMMIGRANTS /

REFUGEES

Latest data available (World Bank)

Number of refugees in South Sudan in 2018 – 291,84211

Number of migrants in South Sudan in 2015- 824,12212

7. THE PREVALENT STATE PRACTICE LANDMARK

AND LATEST SUPREME COURT/ HIGHEST COURT
JURISPRUDENCE.-

In South Sudan, Jurisdiction over many topics squarely remains in the hands of the
hierarchy of the chiefdom. There are also underdeveloped judicial systems, suffering
from a lack of physical, administrative and human resources, as well as from an
10
 file:///B:/south%20sudan.pdf
11
https://data.worldbank.org/indicator/SM.POP.REFG?locations=SS
12
https://data.worldbank.org/indicator/SM.POP.TOTL?locations=SS
inability to function independently. According to a 2013 report by the International
Commission of Jurists, the following main mechanisms were incomplete: 'the
institutionalization of the division of powers; the establishment of a sufficient number
of adequately resourced courts; reforms of the law; the establishment of an
independent judiciary and the establishment of an independent legal profession, in
sufficient numbers in the country.

The Transitional Constitution of 2011 calls for a decentralized system of governance,

but the relationship between state and national governments remains unclear, and new
and existing laws are not adequately communicated throughout all levels of
government.13

No cases are available of South Sudan Courts on internet.

8. COUNTRY SIGNATORY OF THE INTERNATIONAL

HUMAN RIGHTS INSTRUMENTS – GIVE A BRIEF
ACCOUNT? INCLUDE THE DATE OF RATIFICATION
AND RESERVATIONS IF ANY.

1. United Nations Charter 1945 – South Sudan joined UN Charter on 14 th July

2011.14

2. The Universal Declaration of Human Rights 1948 – South Sudan was not a
member of UN when UN General Assembly adopted UDHR in 1948.15

3. The International Covenant on Civil and Political Right 1966- South Sudan
has not yet taken any action on ICCPR.16

13
https://www.expertisefrance.fr/documents/20182/234347/AMMi+-+Country+Report+-
+South+Sudan.pdf/a166862c-d442-4ed5-9c76-72e8a5bbce30
14
https://www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx
15
https://web.archive.org/web/20130927221000/http://unyearbook.un.org/1948-49YUN/1948-
49_P1_CH5.pdf
16
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
4&chapter=4&clang=_en
 4. The International Covenant on Economic Social and Cultural Rights 1966-
South Sudan has not yet taken any action on ICESCR.17

5. The Convention on the Elimination of All Forms of Discrimination against

Women, 1979- South Sudan accessioned this convention on 30th April, 2015.18

6. The Declaration on the Human Rights of Individuals Who are not Nationals of
the Country in which They Live, 1985- It was adopted by the UN General
Assembly without any voting.19

7. The Convention on the Rights of the Child (with protocols), 1989- South
Sudan accessioned this convention on 23rd January, 2015.20

8. United Nations Declaration on the Rights of Indigenous Peoples, 2007- South

Sudan was not a member of the UN General Assembly when this convention
was adopted through voting.21

9. The Convention relating to the Status of Refugees, 1951 and the Protocol
relating to the Status of Refugees, 1967- South Sudan has not yet taken any
action on this convention.22

17
https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-3&chapter=4&clang=_en
18
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&lang=en
19
https://legal.un.org/avl/ha/dhriwnncwtl/dhriwnncwtl.html
20
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
11&chapter=4&lang=en
21
https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-
peoples.html
22
https://web.archive.org/web/20121114081432/http://treaties.un.org/Pages/ViewDetailsII.aspx?
&src=UNTSONLINE&mtdsg_no=V~2&chapter=5&Temp=mtdsg2&lang=en
 10. The Convention relating to the Status of Stateless Persons, 1954- South Sudan
has not yet taken any action on this convention.23

11. The Convention on the Reduction of Statelessness, 1961 – South Sudan has
not yet taken any action on this convention. It has neither signed nor ratified
this treaty.24

12. The Declaration on Territorial Asylum, 1967 – It was adopted by General

Assembly on 14th December, 1967.25 No record of voting.

9. DETAILS OF THE NATIONAL WEBSITE OR DATA

BASE OF THE GIVEN JURISDICTION

The Ministry of Foreign Affairs and International Cooperation is the

foreign ministry of the Government of South Sudan.

Website - http://embassy-southsudan.de/transitional-government-of-national-unity-
tgonu-of-the-republic-of-south-sudan/

23
https://treaties.un.org/Pages/ViewDetailsII.aspx?src=TREATY&mtdsg_no=V-
3&chapter=5&Temp=mtdsg2&clang=_en#EndDec
24
https://www.unhcr.org/protection/statelessness/3bbb24d54/states-parties-1961-convention-reduction-
statelessness.html
25
https://legal.un.org/avl/ha/dta/dta.html
10. SIMILARITIES OF STATE PRACTICE OF THE
GIVEN JURISDICTION WITH INDIAN CITIZENSHIP
AND IMMIGRATION LAWS.-

South Sudan is the country suffering from war and are also going through the issues
of Human Trafficking and Migrant Smuggling. The smuggling of migrants to South
Sudan takes place in a background of mixed migration flows and porous borders.
However, smugglers facilitating irregular migrant flows in South Sudan lack the
organization and sophistication seen in neighbouring countries like Ethiopia, Sudan
and Kenya, partly because there is relatively little demand for their services as it is
relatively easy to enter irregularly into the country.

According to the International Organization for Migration (IOM), "South Sudan

inherited one of Africa's worst border and migration management regimes since its
independence in 2011. After undertaking an overall evaluation of the migration
management structures in South Sudan and 16 border assessments from 2011-2014,
IOM concluded that “South Sudan suffered from a chronic lack of infrastructure,
equipment, training, policies, processes and coordination” which together
“significantly affect the country’s capacity to promote humane and orderly
migration.”26

The Government is now with the help of International Labor Organization (ILO) and
UNHCR making some new policies which favours the proper assistance to the
refugees, like providing them with food, shelter and education. Although this is a long
process for an African Country suffering from the largest refugee crisis in Africa but
hopes are high after the peace deal between the political rivals.

Whereas, in India, the conditions are much better in comparison to South Sudan.
There is no huge irregular migration through Indian Borders and the country is much
more self-sufficient to handle the crisis unlike South Sudan whose migration policies
are largely made by the UNHCR and also funded by them.

Although religion have no role to play in the migration policies of the South Sudan,
whereas, in India, the new Citizenship Amendment Act, 2019 (CAA) is somewhat
26
International Organization for Migration South Sudan (2015). Programmes: Migration Management.
Available at: http://southsudan.iom.int/programmes/migration-management
totally based on religion. It amended the Citizenship Act, 1955 by providing a path to
Indian citizenship for illegal migrants of Hindu, Sikh, Buddhist, Jain, Parsi, and
Christian religious minorities, who had fled persecution from Pakistan, Bangladesh
and Afghanistan before December 2014. Muslims from those countries were not
given such eligibility. The act was the first time religion had been overtly used as a
criterion for citizenship under Indian law.

This implies that both the countries have different issues with regards to their
immigration.

CONCLUSION-

South Sudan is one of the youngest democratic nation in the world yet suffering from
the 3rd largest refugee crisis in the world. The worst is that the worst condition is of
women and children who are suffering from malnutrition, food shortage and proper
shelter. The world should take a responsibility on the basis of humanity and all
nations who are capable should come and help the South Sudanese people. The
United Nations and International Labor Organization are doing good job in helping
these countries to fix things up but there is a lot more to do.

In my opinion, education can play an important role to help these people to overcome
this crisis. If the people of the country are educated they will come forward and help
the country to make the best policies in limited available resources for the betterment
of the country.

Now after many years of the war, the top political rivals signed a peace agreement and
ready to form coalition government, this is the ray of hope that things will get better
now. The new government should take care of Human Rights and must take care of
millions of the refugees of their nation and also work in the league of establishing an
independent judiciary, so that it will keep check on the atrocities over the people.
WEBLIOGRAPHY

https://www.refworld.org/cgi-bin/texis/vtx/rwmain
https://treaties.un.org/
https://www.worldbank.org/
https://www.refworld.org/pdfid/51499cd02.pdf