Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Full Access Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality Regimes

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality Regimes

  • PDF
  • HTML
Add to Favorites
You must be logged in to use this functionality

image of Tilburg Law Review

Following the secession of South Sudan from Sudan on 9 July 2011 both countries have passed new citizenship legislation with dramatic effects for the rights of individuals on both sides of the new border. While the South Sudanese nationality provisions appear generous its regime is at once both over and under-inclusive. It grants citizenship to a broad range of persons with little connection to South Sudan but fails to guarantee citizenship for individuals habitually resident in South Sudan and children born in South Sudan to stateless, undocumented or foreign parents. The Sudanese Act provides for the automatic denationalisation of South Sudanese nationals only and reserves to its own authorities the discretion to determine whether South Sudanese nationality has been acquired. This will lead to de jure statelessness as individuals denationalised by operation of the Sudanese law struggle to establish their nationality claims in South Sudan. Those individuals who have acquired South Sudanese citizenship but remain in Sudan are left as de facto stateless in the continuing absence of effective state protection from South Sudan.

Affiliations: 1: Lecturer, School of Law, University of Exeter, m.a.sanderson@exeter.ac.uk

10.1163/22112596-01902023
/content/journals/10.1163/22112596-01902023
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading

Following the secession of South Sudan from Sudan on 9 July 2011 both countries have passed new citizenship legislation with dramatic effects for the rights of individuals on both sides of the new border. While the South Sudanese nationality provisions appear generous its regime is at once both over and under-inclusive. It grants citizenship to a broad range of persons with little connection to South Sudan but fails to guarantee citizenship for individuals habitually resident in South Sudan and children born in South Sudan to stateless, undocumented or foreign parents. The Sudanese Act provides for the automatic denationalisation of South Sudanese nationals only and reserves to its own authorities the discretion to determine whether South Sudanese nationality has been acquired. This will lead to de jure statelessness as individuals denationalised by operation of the Sudanese law struggle to establish their nationality claims in South Sudan. Those individuals who have acquired South Sudanese citizenship but remain in Sudan are left as de facto stateless in the continuing absence of effective state protection from South Sudan.

Loading

Full text loading...

/deliver/journals/22112596/19/1-2/22112596_019_01-02_S025_text.html?itemId=/content/journals/10.1163/22112596-01902023&mimeType=html&fmt=ahah
/content/journals/10.1163/22112596-01902023
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/22112596-01902023
Loading
Loading

Article metrics loading...

/content/journals/10.1163/22112596-01902023
2014-01-01
2017-11-19

Sign-in

Can't access your account?
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation