South Sudan
South Sudan (; din, Paguot Thudän), officially the Republic of South Sudan ( din, Paankɔc Cuëny Thudän), is a landlocked country in East Africa. It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of the ...
ese
nationality law is regulated by the
Constitution of South Sudan, as amended; the South Sudanese Nationality Act and Nationality Regulations, and their revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of South Sudan. The legal means to acquire
nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as
citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In South Sudan, nationality is often equated with
ethnicity, despite recognition of the legal definitions. South Sudanese nationality is typically obtained under the principle of
jus soli, i.e. by birth in South Sudan, or
jus sanguinis, born to parents with South Sudanese ancestry. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
Acquisition of nationality
Nationality can be acquired in South Sudan at birth or later in life through naturalization.
By birth
There are no statutory provisions for children born in South Sudan who would otherwise be
stateless to acquire South Sudanese nationality. Those who acquire nationality automatically at birth include:
* Children born anywhere to a parent, or with a grandparent or great-grandparent, who was born in South Sudan, was a South Sudanese national, or who was ethnically a member of a group indigenous to South Sudan;
* Persons who in 2011 were either themselves
domiciled in South Sudan or whose ancestors were residents of South Sudan as of 1 January 1956; or
*
Foundlings
Child abandonment is the practice of relinquishing interests and claims over one's offspring in an illegal way, with the intent of never resuming or reasserting guardianship. The phrase is typically used to describe the physical abandonment of a ...
or infant
orphans
An orphan (from the el, ορφανός, orphanós) is a child whose parents have died.
In common usage, only a child who has lost both parents due to death is called an orphan. When referring to animals, only the mother's condition is usuall ...
discovered in the territory whose parents are unknown.
By naturalization
Naturalization can be granted to persons who have resided in the territory for a sufficient period of time to confirm they understand the customs and traditions of the society. General provisions are that applicants have good character and conduct; have no criminal convictions; have
mental capacity
Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. More generally, it can b ...
or a guardian who can act on their behalf; and have resided in the country for ten years. South Sudanese nationality law has no provisions concerning whether adoptees can derive nationality through their parents. Besides foreigners meeting the criteria, other persons who may be naturalized include:
* The spouse of a South Sudanese national after a five-year residency;
* Minor children can be automatically naturalized when their parent acquires nationality; or
* Persons who have performed services for the benefit of the nation may naturalize without meeting other requirements.
Loss of nationality
South Sudanese nationals can