(3) Without prejudice to Section 15, Sudanese nationality shall be revoked where the
Sudanese nationality of his responsible father is revoked in accordance to section
10(2) of this Act.
47.The Committee notes the above provision does not allow children to hold dual
nationality with South Sudan, despite dual nationality with any other country has
been permitted since 1994, hence, the Complainants submitted that the
Respondent State's law discriminates children on the basis of their origin of
nationality. The Complainants also indicated that Ms. lman attempted to apply
for Sudanese nationality in November 2016, considering her right to acquire
Sudanese nationality through her mother, however, the authorities refused to
receive her application documents citing orders from the Minister of Interior. On
this basis, the complainants argued that the Respondent State has discriminated
against Ms. lman in particular and children with South Sudanese links in
general.
48.Considering the Complainants' allegation, the Committee notes that the general
principle regarding the status of Sudanese nationality of children in cases of is
provided under Section 15 of the 1994 Sudanese Nationality Act, which reads:
If Sudanese nationality is revoked from the responsible father of a minor under the
provisions of section 10 the minor shall not lose his Sudanese nationality save if he is
or was the national of any country other than Sudan according to the laws of that
country.
49. As it can be understood from Section 15 of the Respondent State's Nationality
Act, in principle revocation of Sudanese nationality of a parent does not result in
revocation of Sudanese nationality of the child. Revocation of Sudanese
nationality happens only if it is proved that the child is or was the national of any
country other than Sudan according to the laws of that country. However, under
the Respondent State's nationality law, the case of children born to South
Sudanese parents is treated separately under Section 10 of Sudanese
Nationality Act (Amendment) 2011. Hence, the Committee notes that Section 15
of the 1994 Sudanese Nationality Act is not applicable to children born to South
Sudanese parents or children of South Sudanese Father and Sudanese mother.
By application of Section 10(3) of the Sudanese Nationality Act (Amendment)
2011, revocation of Sudanese nationality of South Sudanese responsible father
results in automatic revocation of Sudanese nationality of his child. This entails,
unlike other children in the Respondent State, children born to South Sudanese
parents lose their Sudanese nationality on the basis that their responsible father
lost their Sudanese nationality. It also entails that children born to South
1
3