Policy & Legal in South Sudan
Policy & Legal in South Sudan
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What is the general policy environment for asylum-seekers and refugees in South Sudan?
The Republic of South Sudan acceded to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, in September 2018 and to the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa in June 2016. Moreover, South Sudan is a state party to core international and regional human rights instruments as well as the 2009 African Union Convention on the Protection and Assistance of Internally Displaced Persons which it ratified in June 2019.
The National Legislative Assembly adopted the Refugee Act, 2012 (No. 20) on 5 June 2012, in line with the Transitional Constitution (as amended). The Act incorporates the definition of a “refugee” as provided for under the 1951 Refugee Convention and the 1969 OAU Refugee Convention. It states that the provisions of the Act shall be interpreted in accordance with relevant international and regional refugee treaties and human rights instruments to which South Sudan is a party [Chapter II (10)]. The Act also provides for the institutional aspects of refugee management by outlining the roles and responsibilities of the commission for Refugees Affairs (CRA), Refugee Eligibility Committee (REC) and the Refugee Appeals Board (RAB). The Act empowers CRA with the responsibility of implementing national and regional development plans concerning refugees in South Sudan; playing a secretariat and advisory role on refugee protection to the government asylum related institutions principally to the REC and the RAB; coordinating refugee programs; promoting South Sudan’s regional and international cooperation including with UNHCR and ensuring the maintenance of law and order in refugee camps/settlements. The Act also incorporates progressive provisions which recognize the rights of refugees including socio-economic rights such as access to employment and basic services. In 2017 the Minister of Interior signed the Refugee Status and Eligibility Regulations into law. CRA is entrusted with a key role to ensure the implementation of the 2012 Refugee Act and the 2017 Regulations. The refugee protection system is also complemented by the 2019 National Comprehensive Migration Policy.
A critical milestone in addressing statelessness including stateless refugees was achieved with South Sudan’s deposition of the instruments of accession to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness in November 2024. The government of South Sudan also adopted the Civil Registry Regulations (2024) on 4 December 2024 to support the operationalisation of the Civil Registry under the Civil Registry Act of 2018. In July 2024, South Sudan drafted the Anti-Trafficking in Persons Bill (2024) which aims at prohibiting, preventing and combating trafficking in person in South Sudan and protect and assist the victims.
At the 2019 first Global Refugee Forum, South Sudan made pledges in the areas of education, jobs and livelihoods, eradication of statelessness, energy, and environment and solutions, including the creation of enabling conditions for sustainable returns of South Sudanese refugees. The country has since made some progress, notably in reviewing refugee policies, providing arable land to refugees for cultivation, developing national action plans on education and statelessness, and with the creation of the National Technical Committee On Durable Solutions, an inter-ministerial technocrats committee that works on key policies, coordinate and oversee the national programs to achieve durable solutions for the refugees, returnees, IDPs and persons at risk of statelessness in the country.
At the 2023 second Global Refugee Forum, South Sudan made a new pledge to enhance its protection capacity and strengthen its asylum system and documentation, and further concretized and refocused its 2019 pledges, adding more focus sub-components that are achievable and addressing critical areas including on job creations and widening of access to services for refugees as part of the services and social inclusion, enhancing the climate action and response through the increased of climate adaptable practices and early warning system, inclusive policies on education, vocational training, access to housing, lands and property rights as well as integrated settlement planning for refugee hosting areas which are key priorities for the inclusion of refugees in national planning
In October 2024, with support from IGAD, the Government adopted the National Durable Solutions Strategy for IDPs, Returnees, Refugees and Host Communities, a national policy to provide long-term, sustainable solutions for displaced populations in South Sudan. The policy provides a framework for the response to the needs of displaced population, persons at risk of statelessness and their hosting communities, aligning to the Country’s overall Development Strategy, Regional Solution Initiatives, mainstreaming the Global Compact on Refugees and the IDP Principles among other standards to provide comprehensive and focused response to the needs of the population. The policy adoption is one of the commitments achieved by the country as part of its pledges at the GRF 2023, alongside other commitments providing access to services, protection, and inclusion of refugees.
South Sudan joined the East Africa Community (EAC) in 2016 following its accession to basic treaties including the Common Market Protocol that promotes economic integration and the free movement of persons. South Sudan is also a member of the Inter-Governmental Authority on Development (IGAD), which continues to play an important role in supporting solutions for forcibly displaced persons including refugees. The Government of South Sudan has taken encouraging steps towards the incorporation of the norms from the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) into a draft national legislation titled “the Protection and Assistance to Internally Displaced Persons, Bill 2024.
South Sudan has an open-door policy to refugees in the region. The Transitional Constitution of the Republic of South Sudan, 2011 (as amended) enshrines rights and freedoms that benefit refugees and asylum-seekers including granting protection from discrimination for all persons within the territory of South Sudan, including refugees. It emphasizes the protection of human rights and promotes social justice, further supporting the rights of refugees and asylum-seekers.
Due to the widespread arrests and detentions of asylum-seekers and refugees, the Minister of Interior on November 4, 2019, issued an order Excluding Refugees from the Process of Aliens Registration across the Country.
Under Section 33 (Chapter 5) of the 2012 South Sudan Refugee Act, Sections 64,65,66 & 69 of the 2017 Regulations, asylum-seekers and refugees have access to the following rights:
Non-refoulement and right to stay in South Sudan
Refugees and asylum seekers have the right to be protected from being sent back to a place where they would face threats to their life or freedom. South Sudan grants access to its territory to all individuals arriving from Sudan, including Sudanese refugees, other asylum-seekers/refugees, returnees, and third country nationals. The Government grants prima facie status recognition to all Sudanese affected by the current crisis as well as other nationals who had an asylum or refugee status in Sudan before the conflict began.
Under Section 28 of the Refugee Act, an asylum-seeker may remain in South Sudan until his or her application is granted or rejected. If the asylum application is rejected, the asylum-seeker may remain until he or she has exhausted his or her right of appeal.
- Where a person has exhausted the right of appeal in relation to an application under which the refugee status has not been granted, that applicant may be allowed to stay in South Sudan for a reasonable period to enable him or her to seek asylum or admission to a country of his or her choice.
- The Minister may, on application by the applicant concerned, extend the right to stay if the Minister has reasonable grounds to believe that the person concerned is likely to be given asylum in or to be admitted to the country of his or her choice within the extended period.
- The Minister shall have the discretion to permit the applicant to remain in South Sudan indefinitely for humanitarian reasons
Social Protection
The Revised National Development Strategy 2021–2024 and the South Sudan National Social Protection Policy Framework provide the basis for the social protection and economic empowerment of South Sudanese, including the refugee-hosting communities through social safety programmes. Through the support of the World Bank and other partners, social safety net programmes have been implemented in different parts of the country to support the vulnerable communities facing economic hardships and other challenges. The World Bank Window for Host Refugees (WHR) supports the refugees and communities in South Sudan through various projects.
Education
In South Sudan, the needs of refugees are integrated in different education policies and strategies. The major enabling education policies are the General Education Act 2012, the National General Education Policy 2017-2027, the 2014 National Inclusive Education Policy position paper and the South Sudan Vision 2040.
At the Global Refugee Forum 2019, South Sudan pledged to increase access to quality education for refugees and host communities and reduce out-of-school children rate by 2024. This pledge was revised in 2023 with additional concrete sub pledges including training of refugee teachers, enhancing the monitoring and data system and scholarships for refugee students with extended timeline of 2027. The Government has taken several steps to include refugees in the national education system - key among them being South Sudan signing the Djibouti Declaration on Refugee and Returnee Education in 2017, with a costed action plan to accompany implementation.
Health
Section 33(g) of the 2012 Refugee Act provides that refugees shall be entitled to the same basic health services as those received by nationals.
The South Sudan National Health Policy 2016 – 2026 focuses on universal health services coverage for all communities through effective, affordable and comprehensive delivery of health service packages. However, the national public health policy does not disaggregate beneficiaries, including refugees, and asylum-seekers
Energy & Environmental Protection
South Sudan continues to lack specific legislation for energy access, deforestation, water, and waste management, but the Transitional Constitution and the 2018 Revitalized Agreement continue to provide for the right of environmental protection to every person as specified in Article 41 of the Transitional Constitution.
Furthermore, there are general laws and policies applied to protect the environment such as the South Sudan National Environmental Policy 2015-2025; the Land Act 2009; the Local Government Act 2009; the Wildlife Conservation & National Parks Act 2003; and the Timber Utilization & Management Act 2003. South Sudan has acceded to international environmental treaties and conventions such as the Convention on International Trade in Endangered Species 1973, Biodiversity Convention 1992, Convention to Combat Desertification, and UN Framework Convention on Climate Change (UNFCCC).
With these conventions, the country has developed several plans to actualize the implementation and protection of the environment and ecosystem. Such plans include National Adaptation Programmes of Action (NAPA), Nationally Determined Contributions (NDC), Initial National Communications to the UNFCCC, National Adaptation Plan (NAP), Technology Needs Assessment (TNA) under development, and National Biodiversity Strategic Action Plan (NBSAP).
The Government made a GRF pledge on Energy & Environment which aims to create access to sustainable and green energy solutions for refugees and host communities. Through advocacy, refugee-hosting areas are allocating land for refugee settlement would require an ESIA and applications of relevant environmental protection safeguards.
Access to Justice
The 2012 Act requires the State to provide interpretation in courts and recognizes to the refugees the right to be represented by a legal representative at their own expense. Formal and statutory courts have exclusive jurisdiction over criminal matters such as acts of vandalism, theft, assault, GBV and murder. Access to the formal justice system however is considerably limited by institutional weakness and the absence of judicial organs in many refugee hosting areas. Incidents have been documented whereby refugees and asylum seekers suspected of criminal acts are detained indefinitely without access to a fair trial or released without formal charge thereby perpetuating a culture of impunity that begets further criminality. Crime prevention and response capacity as well as limited access to justice are serious concerns in South Sudan for both refugees and nationals alike.
Many courthouses and other judicial installations were destroyed during the conflict. Resource and capacity constraints limit the feasibility of establishing and operating mobile courts although UNHCR supports the deployment of mobile courts in refugee hosting areas. Additionally, UNHCR provides training to officials and its partners offer legal assistance and aid to refugees, asylum-seekers, and host communities. The limited presence of law enforcement officials and increased activities from armed groups particularly in Maban area have aggravated human rights abuse and increased risks for refugees. UNHCR provides support to facilitate the presence of formal justice structures in refugee hosting area.
Customary courts are authorized by law to adjudicate certain non-criminal disputes. However, the weakness and lack of formal judicial institutions result in customary courts adjudicating cases that are legally not within their jurisdiction. Limited access to formal justice is also hampered by a lack of adequate judges, prolonged investigation, negative attitudes towards formal legal and due process and fear of reprisal due to lack of witness protection. Despite their weakness and legal constraints traditional and informal institutions have critically contributed to promoting access to justice. They play an important complementary role in facilitating access to justice by refugees and host communities. UNHCR’s community-based protection strategy promotes the use of community-based structures, e.g., conflict resolution committees and customary courts as alternative ways for refugees and asylum-seekers to seek and obtain redress in non-criminal matters.
In the absence of institutional funding, UNHCR provides support to the Judiciary, Prosecution, Police and CRA to facilitate the presence of formal justice structures in refugee-hosting areas, such as mobility, equipment, mobile courts, and training. UNHCR and NGO partners continue to provide legal assistance to refugees, asylum-seekers, extended also to host communities. Formal and statutory courts continue to exclusive jurisdiction over criminal matters such as murder, theft, assault, GBV, and vandalism irrespective of the people affected.
The Global Compact on Refugees provides a framework for social cohesion and the rule of law among refugees and host communities. At the 2019 and 2023 GRF, South Sudan pledged to enhance its rule of law and access to justice for the displaced population, including strengthening the customary legal system in the refugee-hosting areas. In 2024, the country adopted the Reparations and Compensation Act 2024 and the Truth, Healing and Reconciliation Act 2024, both policies created by the Peace Agreement to enhance the rule of law, national healing and access to justice, especially for the displaced persons whose properties might have been destroyed in the case of reparations and compensations.
Bank Account
There are no legal restrictions on refugees being able to open bank accounts, although in practice, refugees do not have access to bank accounts or formal microfinance, due to identity verification requirements. In 2023, GRF, South Sudan pledged to streamline the refugee identity issue to widen access to services through providing a digital ID that meets all the requirements and is acceptable nationally across all services to enhance refugee financial inclusion, including banking and microfinance services. To date, the Civil registry regulations 2024 have been finalized with a provision of streamlining the ID issues, the Refugee regulation 2017 has been amended with the Ministerial order to extend the expiry of refugee IDs by 5 years and extend the access to such service through embassies and diplomatic missions which provide opportunities to refugees to access the ID services not only within the country, but also through diplomatic missions abroad. . Currently most refugees rely on informal access to micro-credit through structured Village Savings Loans Associations (VSLAs), unstructured Rotating Saving Schemes (ROSCAs) and local traders. The interest rates charged by informal sources of micro-credit are high and with significant risks. Formal banks whose financial product offerings are limited are concentrated in the capital of Juba with limited reach to refugee hosting areas. Overall, there is a large population in South Sudan with banking needs.
Access to Land and Property Rights
Land rights for refugees are typically agreed upon at the community level in South Sudan. Refugees in the North do not have a formal document as proof of ownership or use right for the plot of land on which they live. In the South, the share is slightly higher (9%), as refugees are more likely to live in the host community. Among all adult refugees, 4% have a formal document as proof of ownership or use right. In the host community, 27% of households have legally recognized documentation for land tenure. The shares are similar for both women and men.
Do asylum-seekers and refugees have access to documentation?
The Refugee Act continues to provide for refugees to be issued with identity documents. The same refugee legislation also provides for refugees to be issued with travel documents when travelling abroad. Asylum-seekers are issued asylum-seeker certificate which according to section 29 (1) (a) of the Refugee Act should be ‘valid for a reasonable period of not less than 90 days’ from the date of issue and can be renewed until all rights connected with the application for refugee status are exhausted. According to the 2017 Refugee Status and Eligibility Regulations, the CRA continues to be responsible for issuing refugee identity cards to refugees and their refugee children aged sixteen and above.
There is a substantial rise in refugee displacement due to the ongoing conflict, highlighting the urgent need for effective registration and documentation processes. In response to the influx, registration efforts, including through mobile teams, have been intensified across key locations, including Renk, Juba, Aweil, Maban, and Jamjang. Between January and June 2024, 14,653 refugee identity cards, 3,280 asylum-seeker certificates, and 19,475 proof of registration documents were issued by CRA. These documents are crucial for safeguarding the rights and privileges of refugees and asylum-seekers. Despite the enactment of the 2018 Civil Registry Act, refugees—like nationals and other residents—still do not enjoy the right to have their vital events registered and certified in South Sudan. This is because the law has yet to be operationalized through the functionalization of the Civil Registry. As a result, access to civil registry documentation, such as birth registration, remains inexistent. In practice, UNHCR and its partners facilitate the issuance of birth notifications for refugee children born in health facilities within camps. These notifications act as provisional documents recording their vital events until a national comprehensive civil registration system is implemented by DCRNPI. UNHCR supports this process by providing technical training and familiarization with the birth notification system to local authorities in refugee areas. Collaboration with UNICEF and other UN agencies continues through a working group focused on operationalizing the national civil registry system.
Do asylum-seekers and refugees have the right to work?
Section 33 (f) of the Refugees Act 2012, read together with Section 67 of the Refugee Status and Eligibility Regulations of 2017 provides that every recognized refugee and every member of his or her family in South Sudan with a valid refugee identity card shall be entitled to seek employment. Section 67 (2) of the Regulations mandates that the procedures and principles governing the employment of refugees shall be regulated by the Ministry of Labour in consultation with the Minister of Interior. Section 67 (3) of the Regulations also specifies that the provisions of other applicable laws regarding jobs and professions prohibited to foreigners shall remain in effect. The Ministry of Labour noted in its five-year (2021-2025) Policy and Strategic Plan acknowledged challenges related to undeveloped policies.
As of now, the procedures and principles governing the employment of refugees, which are to be regulated by the Ministry of Labour in consultation with the Ministry of Interior, are not yet established. In practice access to employment continues to be constrained by the policy gaps, high unemployment rates, general economic problems, and linguistic and other barriers.
In 2019, the Government made GRF pledges on jobs and livelihoods, which seek to expand economic opportunities and ensure equitable economic development in refugee-hosting areas. In 2023 GRF, this pledge was reviewed, expanded and refocused to accommodate key issues such as banking, jobs creation and private sector engagements for inclusion as well as enhancing policies to enhance the livelihoods and sustainable solutions for the refugees and other displaced persons such as the provision of vocational skills training to over 10,000 refugees and host members by 2027.
South Sudan’s economy is dependent on crude oil exports and owing to limited diversity, the country is vulnerable to economic shocks. Two-thirds of employment is in agriculture, and 83% of households list agriculture as their primary livelihood source (World Bank, 2018). South Sudan produces a large variety of agricultural commodities for local consumption. Sorghum, maize, rice, sunflower, cotton, sesame, cassava, beans, and peanuts are the major crops.
Do asylum-seekers and refugees have freedom of movement in South Sudan?
Section 33 (a) of the Refugee Act of 2012 grants recognized refugees in South Sudan the rights outlined in international conventions to which the country is a party, including the 1951 Refugee Convention, section 26 of which guarantees refugees lawfully residing in South Sudan the freedom of movement and choice of residence, subject to the same restriction as foreign nationals. Although the South Sudanese Refugee Act does not explicitly reference this right, refugees are generally permitted to move freely and choose their residence, however practical challenges continue to hinder the full implementation of these policies.
Refugees' ability to move freely and choose their residencies is restricted by factors such as security concerns, the capacity of refugee institution to operationalize this right with issuance of appropriate identification documents and travel permits and limited livelihood opportunities, preventing traveling outside the camps. Additionally, law enforcement officials’ lack of awareness regarding refugees’ rights to move freely leads to possible arbitrary arrests and detention.