South Sudanese 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, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. 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 or infant orphans 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 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 renounce their nationality pending approval by the president. Nationals may be denaturalized in South Sudan for behaving as if one is a national of another country; for working a foreign government or military of another state without government authorization; for committing disloyal acts or crimes against the state or state security; or for fraud, misrepresentation, or concealment in a naturalization petition. Re-acquisition of nationality that has been lost is not addressed in South Sudanese legislation.
Dual nationality
Dual nationality has been allowed in South Sudan since its independence in 2011.
History
Nationality in South Sudan followed the trajectory of Sudanese nationality law until its independence in 2011. Nationality legislation passed by the Ottoman Empire in 1869 defined persons as nationals those who owed allegiance to the empire and made provisions for the wives and children of those subjects, as well as emigrants and immigrants. With the defeat of the Ottomans by Muhammad Ahmad in 1885, an independent Mahdist State was created which lasted until defeated by an Anglo-Egyptian army in 1898. In 1899 an Anglo-Egyptian condominium was established to govern the territory, based on Turco-Egyptian precedent. Under the terms of the agreement the territory was not part of the crown's possessions, nor a protected state. Britain had no extra-territorial right to administer British subjects there and inhabitants were not British subjects. Similarly, Egyptian courts, decrees, and laws were invalid in Sudan and Ottoman sovereignty ceased. Sudanese were defined by the condominium agreement to be persons subject to the Anglo-Egyptian authority in the territory.