Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality Regimes
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...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2014-01-01
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| Series: | Tilburg Law Review |
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| Online Access: | https://tilburglawreview.com/articles/72 |
| _version_ | 1818360270965178368 |
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| author | Mike Sanderson |
| author_facet | Mike Sanderson |
| author_sort | Mike Sanderson |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-13T20:58:08Z |
| format | Article |
| id | doaj.art-41d60f8896e04caf93042695ecdaa3b1 |
| institution | Directory Open Access Journal |
| issn | 2211-2545 |
| language | English |
| last_indexed | 2024-12-13T20:58:08Z |
| publishDate | 2014-01-01 |
| publisher | Ubiquity Press |
| record_format | Article |
| series | Tilburg Law Review |
| spelling | doaj.art-41d60f8896e04caf93042695ecdaa3b12022-12-21T23:31:40ZengUbiquity PressTilburg Law Review2211-25452014-01-01191-223624710.1163/22112596-0190202366Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality RegimesMike Sanderson0Lecturer, School of Law, University of ExeterFollowing 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.https://tilburglawreview.com/articles/72Sudanstate successionnationalitycitizenshipde jure statelessnessde facto statelessness |
| spellingShingle | Mike Sanderson Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality Regimes Tilburg Law Review Sudan state succession nationality citizenship de jure statelessness de facto statelessness |
| title | Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality Regimes |
| title_full | Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality Regimes |
| title_fullStr | Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality Regimes |
| title_full_unstemmed | Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality Regimes |
| title_short | Key Threats of Statelessness in the Post-Secession Sudanese and South Sudanese Nationality Regimes |
| title_sort | key threats of statelessness in the post secession sudanese and south sudanese nationality regimes |
| topic | Sudan state succession nationality citizenship de jure statelessness de facto statelessness |
| url | https://tilburglawreview.com/articles/72 |
| work_keys_str_mv | AT mikesanderson keythreatsofstatelessnessinthepostsecessionsudaneseandsouthsudanesenationalityregimes |