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10(3) of Nationality Act (Amendment) not come in to force in 2011, MS lman's Sudanese nationality would not have been revoked and she could have been provided with nationality certificate.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. 26

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