The existing National Security Apparatus law, passed in 2014, has been a subject of contention for its sweeping and unchecked powers that allow the agency to perpetrate severe violations with impunity. The widespread abuse of authority has resulted in the shrinking of civic space and instilled fear among citizens.
Notably, the 2014 Legislative Amendment Bill, currently under consideration by Parliament, seeks to address these issues as part of the reforms introduced after the 2018 peace agreement. While the draft law contains positive provisions, it still leaves room for potential human rights violations due to ambiguous and broad language.
The two organizations commended the removal of Articles 54 and 55 of the National Security Agency Law, which granted the agency the authority to arrest individuals with or without a warrant. However, they emphasized the need to revoke the power of arrest entirely and ensure clearer limitations on detention practices. Ambiguities surrounding the definition of “crimes against the state” must also be rectified to prevent misuse of trumped-up charges against dissenting voices.
Furthermore, Human Rights Watch and Amnesty International called on the Government of South Sudan to close all unauthorized detention sites run by the security apparatus. Detainees should be either released or handed over to legitimate judicial authorities for a fair trial. The case of Maurice Mabior Oekgyok, a South Sudanese refugee, held incommunicado at the Blue House Detention Center, requires immediate attention and disclosure of his condition.
As the country endeavors to reform its security apparatus, accountability for past and ongoing human rights violations must be a cornerstone of the process, according to Tigeri Chagota, Amnesty International’s Regional Director for East and Southern Africa.
The urgent review and potential amendments to the National Security Service Amendment Bill offer a ray of hope for South Sudan, paving the way towards a more just and rights-respecting society. However, it falls on Parliament and the authorities to ensure that the revisions bring about meaningful change and uphold the fundamental rights of all citizens.