82.Aiso, there are no implementing regulations for the 2011 Nationality Act amendments or the Civil Registration Act 2011.There should have been regulation that instructs civil servants on how to determine whether Sudanese nationality of someone should be revoked or not. The protection against statelessness for children provided by section 15 of the 1994 Nationality Act is not effective, because the law does not establish any requirement that nationality of South Sudan has in fact been acquired before Sudanese nationality is automatically revoked, including for a child. In the absence of such regulation, the Sudanese authorities decide for themselves whether person has acquired South Sudanese nationality or not without taking in to consideration the fact that the person has managed to acquire South Sudanese nationality or is really entitled to South Sudanese nationality. 83. During the hearing, the Respondent State argued that it is not obliged to grant nationality to Ms Iman as she is entitled to acquire a South Sudanese nationality. The issue which needs clarification in this regard would then be 'when does a country must accept that a person is not a national of a particular State, hence he/she is stateless?' In addressing this issue, the Committee makes reference to the explanation provided by UNHCR in its Guidelines on Statelessness No 4, where it states the 'the country must accept that a person is stateless if the authorities of that State refuse to recognize that person as a national. A state can refuse to recognize a person as a national either by explicitly stating that he or she is not a national or by failing to respond to inquiries to confirm an individual as a national'.25 The Committee notes that the Respondent State should have established an adequate procedural safeguard to ensure that no individual will deprived of their Sudanese nationality unless they have acquired South Sudanese nationality. The Committee was not informed whether Ms lman has approached the Government of South Sudan and if the same government pronounced itself on the matter. However, it is the Committee's view that a country cannot solely interpret and apply another country's nationality laws as it relates to determination of someone's nationality in the former's territory. This could result in not only a factual error on the side of such country but also it goes against the general prerogatives given to states in determining who would be considered as a national in their own territory. Indeed, the Committee recognises the difficulty around determination of whether someone holds the nationality of another country. Looking at the practice in most legal systems, countries put the 25 Guidelines on Statelessness No. 4: Ensuring Every Child's Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, UNHCR, (2012), Par. 19. 23

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