Sudan
Sudan ( or ; ar, السودان, as-Sūdān, officially the Republic of the Sudan ( ar, جمهورية السودان, link=no, Jumhūriyyat as-Sūdān), is a country in Northeast Africa. It shares borders with the Central African Republic t ...
ese
nationality law
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
is regulated by the
Constitution of Sudan
The temporary ''de facto'' Constitution of Sudan is the Draft Constitutional Declaration, which was signed by representatives of the Transitional Military Council and the Forces of Freedom and Change alliance on 4 August 2019. This replaced the I ...
, as amended; the Sudanese Nationality Law, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Sudan. The legal means to acquire
nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as
citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Sudan, nationality is often equated with
ethnicity
An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, ...
, despite recognition of the legal definitions. Sudanese nationality is typically obtained under the principle of
jus soli
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship.
''Jus soli'' was part of the English common law, in contras ...
, i.e. by birth in Sudan, or
jus sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
, born to parents with Sudanese nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
Acquisition of nationality
Nationality can be acquired in Sudan at birth or later in life through naturalization.
By birth
There are no statutory provisions for children born in Sudan who would otherwise be
stateless to acquire Sudanese nationality. Those who acquire nationality automatically at birth include:
* Children born anywhere whose father is Sudanese;
* Persons who were residing in Sudan in 1994 and whose paternal ancestors were
domiciled in Sudan on 1 January 1956; or
*
Abandoned children
Child abandonment is the practice of relinquishing interests and claims over one's offspring in an illegal way, with the intent of never resuming or reasserting guardianship. The phrase is typically used to describe the physical abandonment of a ...
or
orphans
An orphan (from the el, ορφανός, orphanós) is a child whose parents have died.
In common usage, only a child who has lost both parents due to death is called an orphan. When referring to animals, only the mother's condition is usuall ...
discovered in the territory whose parents are unknown.
By naturalization
Naturalization can be granted to persons who have resided in the territory for a sufficient period of time to confirm they understand the customs and traditions of the society. General provisions are that applicants have good character and conduct; have no criminal convictions; have good mental and physical health; can legally be economically self-sufficient; and have resided in the country for ten years. Sudanese nationality law specifically excludes adoptees from acquiring nationality from their guardians. Besides foreigners meeting the criteria, other persons who may be naturalized include:
* Children born to a Sudanese mother and foreign father can submit an application to become a Sudanese national of origin;
* The wife of a Sudanese national after a two-year residency;
* Minor children can be automatically naturalized when their parent acquires nationality; or
* Persons who have gained
presidential approval to naturalize do not have to meet any requirements.
Loss of nationality
Sudanese nationals can