By Michael Gyan Nyarko

4 August 2026

On 2 August 2025, the African Commission on Human and Peoples’ Rights (African Commission) formally communicated a landmark decision in Afekuru Animu Risasi Amitai v Republic of South Sudan(Animu case). Filed by the Institute for Human Rights and Development in Africa (IHRDA) in October 2021, the African Commission found that South Sudan had arbitrarily deprived Ms Animu of her South Sudanese nationality without due process, violating the African Charter on Human and Peoples’ Rights. The Commission ordered the Government to restore her rights ‘including restoration of her South Sudanese nationality certificate and national passport’ and adopt measures to guarantee that the violations would not be repeated. The decision remains unimplemented by the government of South Sudan, and no implementation report has been submitted by the government of South Sudan to the African Commission as required. 

With the first anniversary of the decision having just elapsed, its significance extends far beyond one individual. While Ms Animu remains without an effective remedy, countless others continue to live in legal uncertainty, vulnerable to arbitrary deprivation of nationality or unable to prove the nationality to which they are entitled. The African Commission’s decision should therefore serve not only as a reminder of South Sudan’s legal obligations but also as a catalyst for addressing one of the country’s most pressing yet underappreciated human rights challenges – statelessness.

A country where statelessness remains a real risk

South Sudan’s independence in 2011 represented the fulfilment of the aspirations of millions of people. Yet statehood also brought the enormous task of defining citizenship and documenting a population emerging from decades of conflict, displacement and administrative fragmentation. Millions of South Sudanese have experienced repeated displacement within the country and across borders. Generations were born in refugee camps or in neighbouring countries during the civil wars. Many never received birth certificates or other civil documentation and some acquired the nationality of neighbouring countries, to survive the harsh realities of displacement. Legal ambiguities concerning nationality and citizenship remain unresolved, and administrative capacity remains limited in large parts of the country, while insecurity and humanitarian crises continue to disrupt civil registration systems.

These circumstances have created an environment in which many people struggle to prove their nationality, even where they have a legitimate claim under South Sudanese law. Women, children, pastoralist communities, returnees, internally displaced persons and refugees returning home often face difficulties in obtaining or replacing documentation.

While not every undocumented person is stateless, the absence of proof of nationality significantly increases the risk of statelessness and arbitrary exclusion from the protection of the State.

Citizenship is not a political privilege

Nationality is the legal bond between an individual and the State. It is the gateway through which individuals enjoy the protection of their country and exercise numerous civil, political, economic and social rights. For this reason, international and African human rights law recognise nationality not as a political favour that can be withdrawn at will, but as a fundamental human right that may only be interfered with in accordance with the law and following due process.

States undoubtedly have the sovereign authority to determine who their nationals are. However, that authority is constrained by international law. Decisions affecting nationality must be lawful, reasonable, non-discriminatory and accompanied by procedural safeguards. Individuals must know the allegations against them, have an opportunity to respond, receive a reasoned decision and have access to an effective appeal or review before an independent authority.

These safeguards are not bureaucratic formalities. They are essential protections against arbitrary decision-making and abuse of power. In Ms Animu’s case, the African Commission found that these basic guarantees were absent. Her citizenship was revoked without due process, leaving her without the legal protection that nationality is intended to provide.

Statelessness is more than the absence of a passport

The consequences of statelessness are profound and often lifelong. Without recognised nationality, people frequently struggle to obtain identity documents, enrol in school, access healthcare, own property, secure formal employment, open bank accounts or travel legally. They may be unable to register births, marriages or deaths, leaving future generations equally vulnerable to exclusion.

Statelessness also heightens vulnerability to arbitrary arrest, detention, trafficking, exploitation and forced displacement. It limits political participation and undermines access to justice because individuals who lack legal recognition often struggle to assert their rights before public institutions.

Children face heightened risks and often disproportionately affected. Without proof of nationality or birth registration, they may be denied education, healthcare and other essential services, perpetuating cycles of marginalisation across generations and putting their survival and development in jeopardy.

Preventing statelessness is therefore not simply about documentation; it is about safeguarding human dignity and enabling individuals to enjoy the full range of rights guaranteed under the African Charter and other regional and international human rights instruments.

Implementing the Commission’s decision is a legal obligation

The African Commission’s decision in Animu case is not merely persuasive guidance. It forms part of the obligations South Sudan has assumed under the African Charter, which requires State Parties to recognise the rights protected by the Charter and adopt legislative and other measures to give effect to them.

Implementation should begin with providing an effective remedy to Ms Animu, including restoring her nationality and ensuring that she enjoys all rights attached to it. But meaningful compliance requires much more than resolving a single case.

The enormity of the statelessness challenges in South Sudan requires the Government to establish clear legal procedures governing any decision to deprive a person of nationality, guaranteeing notice, reasons, a fair hearing and access to independent review. Administrative authorities responsible for citizenship matters also require appropriate training to ensure that nationality decisions comply with constitutional, international and regional human rights standards.

It is also important that South Sudan’s civil registration and identity management systems are strengthened so that every person entitled to South Sudanese nationality can obtain reliable proof of that status. Accessible birth registration, effective documentation for displaced populations and procedures for late registration are essential safeguards against future statelessness.

A regional opportunity for leadership

South Sudan has an opportunity to demonstrate leadership within Africa. The continent has made significant progress towards addressing statelessness, including through adopting the African Union Protocol on the Specific Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa (AU Statelessness Protocol) in February 2024. Implementing the African Commission’s decision would complement these continental efforts and reinforce South Sudan’s commitment to human rights, the rule of law and good governance. This situation also invites due consideration of South Sudan towards ratification of the AU Statelessness Protocol as evidence of this commitment, following its accession to the two UN Statelessness Conventions in 2024. 

Resolving statelessness is not simply a legal exercise; it is also an investment in peacebuilding. Inclusive citizenship strengthens social cohesion, builds confidence in public institutions and reduces the grievances that can fuel instability in fragile societies.

From decision to justice

The first anniversary of the Animu decision should not pass as a symbolic milestone marked only by legal commentary. It should prompt renewed commitment to ensuring that no person is deprived of nationality arbitrarily and that every South Sudanese entitled to citizenship can obtain recognition and protection of that status.

For Ms Animu, justice remains incomplete until the decision is fully implemented. For thousands of others facing similar risks, implementation offers hope that citizenship will no longer depend on administrative discretion but on the rule of law.

South Sudan was founded on the principle that its people should determine their own future. Ensuring that every citizen can prove and enjoy their nationality is fundamental to fulfilling that promise. One year after the African Commission’s landmark decision, the time has come to move from decision to justice.

About the author:

Michael Gyan Nyarko is Deputy Executive Director of the Institute for Human Rights and Development in Africa (IHRDA). An international human rights lawyer and researcher, he specialises in strategic litigation, governance and the African human rights system.