Chapter Four
Civil Rights and Freedoms
Articles (6), (7), (8), (9), (10) and (16) of the Charter
A. The to Name, Nationality, Citizenship and Registration at Birth:
In the Bill of Rights, enshrined in the National Interim Constitution of the
Republic of the Sudan, 2005, all rights and civil liberties are ensured in
Articles 33،34،35،36،37،38،39 )29( )28(,،41،42،43،44 )30( )؛31( )؛32( .
There is a clear stipulation that “Every person born to a Sudanese mother
or father shall have an inalienable right to enjoy Sudanese nationality and
citizenship”. Accordingly, the Nationality Act was amended whereby
children can obtain Sudanese nationality if they are born to a Sudanese
mother even if their father is not Sudanese.
Article 5-2-g of the Child Act, 2010 stipulates that a child born outside
marriage has the right of registration at birth lined to parent/parents who
admit parenthood or in any other name if no admission was made. The
same Article stipulates that such a child has the right to have a birth
certificate prepared on the standard form free of charge.
Article 28 of the Civil Rolls Act, 2001 provides for the legal guarantees
for immediate registration at birth. Article 29 of the same act makes
reporting of the incidence of birth a legal duty and specified the persons
responsible for such reporting. Article 42 listed penalties for contravening
such obligations. The Act detailed agencies responsible for the duty of
registration.
The Civil Rolls Regulations stipulated certain procedures to ensure
registration of children in remote areas and in areas where medical
services are meager or non-existent. Persons from such areas are carefully
selected and appointed to carry out registration at birth. Procedures were
also laid out for children born in aircraft and ships, abandoned children,
children born abroad and children of aliens.
Following the issuance of Civil Registration Act, 2001 and its regulations
new forms for registration of newborn were designed to include all basic
information of the child. The Regulations laid out the controls for issuance
of citizenship to abandoned babies according to certain procedures. Such
babies have the right for family cards and national numbers.
Arrangements have been taken by the government to advance the
registration of the newborn at national and state levels. Plans are underway
to annul or reduce the fees for issuance of birth certificates. Plans are also
underway to deliver registration services to remote communities within
the 5 year plan 2007-2011.
In addition to Article 5-2-e of the Child Act, 2010 there are other
provisions that ensure maintenance of cultural and religious identity of the
child. Article 5-2-g stipulates that a child belonging to a certain ethnic,
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