Legislative assessment: Assessment of residency requirements for migratory groups in connection with the referenda
Source: UNDP / American Bar Association
This report compiles the opinions of legal experts as to the two questions asked of the experts by UNDP/Sudan, which were:
- With respect to defining “criteria for residency” in this context, what guiding or required principles and policies, if any, are set forth in the direct enabling laws, in this case, the CPA (including the Abyei Protocol), the Interim National Constitution under which the AARA was enacted, and the Abyei Area Referendum Act (collectively, the “Enabling Law”)?
- To the extent the Enabling Law lacks express or sufficient guidance or requirements, what principles and policies are expressed in analogous laws and situations in other jurisdictions (i.e. countries) or relevant best practice guidelines, international compacts, or treatises that would provide useful guidance for the ARC to use in its consideration and determination?
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