Immigration
A 2011 nationality act that left many people's status contested
The Nationality Act 2011 defines South Sudanese nationality by descent and community ties. Its interaction with Sudan's simultaneous nationality amendments produced statelessness risks that remain unresolved.
Key rules
- Jurisdiction — National. The Directorate of Nationality, Passports and Immigration administers status.
Governing law
- Nationality Act 2011 and Nationality Regulations 2011
- Passports and Immigration Act 2011
- Refugee Act 2012
In practice
Secession split one nationality into two and the two states legislated in parallel: Sudan withdrew Sudanese nationality from those who acquired South Sudanese nationality, while South Sudan defined its own nationality by descent from indigenous communities. People of mixed parentage, long-term residents in the north, and members of border communities could satisfy neither definition cleanly, which created a documented statelessness problem that neither state has fully resolved. South Sudan is simultaneously a major refugee host — principally Sudanese arriving since April 2023 — and a major source of refugees in Uganda, Kenya, Ethiopia and Sudan. The Refugee Act 2012 provides a determination framework operated with UNHCR. Administration is constrained by document availability and registry capacity, so the practical position on proving nationality is weaker than the statute implies.