University of Khartoum

القواعد المنظمة للجنسية في حالة انفصال الدول: انفصال جنوب السودان

القواعد المنظمة للجنسية في حالة انفصال الدول: انفصال جنوب السودان

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Title: القواعد المنظمة للجنسية في حالة انفصال الدول: انفصال جنوب السودان
Author: بشير, محمد مختار محمد
Abstract: Thisstudy tries to analyze Sudan and South Sudan nationality laws, in particular, after the secession of South Sudan together with some examples of international practices that have been tested in similar situations so as to review the rules governing nationality in the case of states secession. Moreover, the researcher compares nationality legislations in both countries with international standards governing nationality issues in situations of the states secession in order to examine the extent of compliance with these international standards or norms in relation to nationality of individuals and groups whose situations might have been affected due to secession of South Sudan.The researcher focuses on children, women, children of mixed marriages, pastoralists and border tribes striding between Sudan and South Sudan, internally displaced persons(IDPs), refugees and residents in a third country after the secession of Southern Sudan. The researcher also focuses on the special case of Abyei area in an attempt to study the legal framework thereof due to the great importance of the nationality issue for individuals and subsequent consequences related to their rights and duties taking into account that the international law and international efforts strive and exert every effort to eradicate or reduce the statelessness in the contemporary world. The study follows comparative and analytical methods, in addition to afield work which includes holding interviews as atool for information collection. The Study concludes to that some of the amendments to the Sudanese Nationality Act 1994 which took place in the year 2011 after the secession of South Sudan was contrary to both international standards addressing statelessness, and to the Interim National Constitution 2005, especially the amendment on the loss of Sudanese nationality under Article 10 (2) which reads “Sudanese nationality shall automatically be revoked if the person has acquired, de jure or de facto, the nationality of South Sudan”. This Article is not accompanied by a provision to explain the required procedures for the withdrawal of Sudanese nationality. Consequently, this led to the fact that the Sudanese law enforcement officials did injustice to a large number of individuals and groups who are eligible to Sudanese nationality by birth. The study recommended that this Article must be repealed in addition to putting in place procedures or guarantees for the withdrawal of Sudanese nationality andthe maximum period that law enforcement officials must respond to Sudanese nationality requests submitted by persons affected by the amendments in a manner that realizes justice, equity and observe rights in compliance with the Interim National Constitution, 2005 and the minimum international standards pertaining to nationality in the context of the states secession.
URI: http://khartoumspace.uofk.edu/123456789/26062


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