an ambiguous situation if states do not put in place a mechanism by which
nationality can be proved or if children are obliged to wait for some time to utilize
mechanisms put in place by states to prove their nationality. Although birth
certificate does not prove nationality under the Respondent State's nationality
law, the law has provided possession of nationality certificate as a mechanism to
prove Sudanese nationality. Hence, it is the view of the Committee that there is
a procedure where nationality certificate can be obtained by children irrespective
of their age as per Section 6 of the 1994 Sudanese Nationality Act, as the law
contains no age restriction, and the Complainants did not adduce any evidence
which refutes this fact.
88.The Committee, however; shares the concern of the Complainants in relation to
children who are born to Sudanese mothers and South Sudanese fathers, as
they are left to grow up with the expectation that they are Sudanese nationals
without confirmation. The Committee also notes that children born to Sudanese
mothers and South Sudanese fathers have difficult task to prove their nationality
through their Sudanese mother and their desire to retain Sudanese nationality.
However, considering the facts presented before it, the Committee is of the view
that all these challenges faced by children born to South Sudanese father and
Sudanese mother have nothing to do with acquiring documents to prove
Sudanese nationality. Rather, these challenges resulted from Section 10(3) of
Sudanese Nationality Act (Amendment) which introduced automatic revocation
of Sudanese nationality of these children. As the facts submitted to the
Committee indicate, Ms lman was born on 5 September 1994 from Sudanese
father and Sudanese mother after the 1994 Nationality Act came in to force.
Consequently, as per Section 4(2) of the 1994 Sudanese Nationality Act, she is
entitled to Sudanese nationality by birth. Had Section 10(3) of Nationality Act
(Amendment) not come in to force in 2011, MS lman's Sudanese nationality
would not have been revoked and she could have been provided with nationality
certificate. Given this fact, it is not possible to conclude that children in Sudan
have to wait until age of 16 to acquire a nationality or to obtain documents
proving nationality. Denial of nationality of children born to a South Sudanese
father and Sudanese mother cannot negate the general rule provided under
Sudanese Nationality Act regarding acquisition of Sudanese nationality and
documents proving nationality since issue of these children is a specific issue
governed separately by special rule provided under Section 10(3) of Sudanese
Nationality Act (Amendment) 2011.
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