South Sudan: A Call for Revising the National Security Service Bill

South Sudan: Revise National Security Service Bill

Introduction

South Sudan’s parliament is being urged to revise the pending National Security Service Amendment Bill in order to address the agency’s arbitrary arrests and other abusive practices. Amnesty International and Human Rights Watch have jointly published a letter to parliament outlining the problematic provisions of the bill and suggesting improvements. The current National Security Service Act of 2014 grants the agency broad and unqualified powers that have contributed to the shrinking of civil liberties in the country. It is crucial for parliament to ensure that the pending law limits the agency’s powers and strengthens oversight of its activities.

The Need for Reform

The National Security Service Act of 2014 has allowed the agency to commit serious abuses without facing consequences. These broad powers have led to a climate of repression and fear, where citizens have been subjected to arbitrary arrests and detentions. The lack of judicial or legislative oversight has further exacerbated the situation, with government authorities often turning a blind eye to these widespread abuses. As a result, many victims have experienced long-term physical and mental health conditions.

Revitalization Efforts

The National Constitutional Amendment Committee (NCAC) drafted the bill to amend the 2014 law as part of the reforms initiated by the Revitalized Peace Agreement of 2018. However, disagreements within the committee about the agency’s authority to make arrests delayed the bill’s progress. It was subsequently referred to the Justice Ministry in 2019 and then to the presidency in April 2021 for resolution. In December 2022, the justice minister recommended that the agency’s authority to arrest and detain suspects be limited. On February 22, 2023, media outlets reported that the presidency had agreed to abolish the agency’s authority to arrest and detain people, with or without a warrant. However, the bill’s first reading in parliament has been delayed, raising concerns about its progress.

Problematic Provisions

While the bill includes positive provisions such as prohibiting torture and giving the justice minister and civilian courts a greater role in prosecuting agency officials accused of crimes, it still contains vague and broad provisions that could allow for continued human rights abuses. For example, the bill revokes some arrest powers but retains the authority to arrest under emergency circumstances, which could be open to abuse. It also allows for arrests without a warrant if the person is suspected of “crimes against the state,” a term that is vaguely defined. Additionally, there is ambiguity regarding the agency’s power to detain civilians.

The Definition of “Crimes Against the State”

The bill’s definition of “crimes against the state” is overly broad and problematic. Previous governments have used similar vague charges to restrict freedom of expression, assembly, and association, effectively curtailing political opposition and public criticism of state policy and actions. This broad definition undermines the principles of democracy and human rights, as it can be easily exploited to suppress dissent.

Recommendations

Amnesty International and Human Rights Watch, along with other rights organizations, have made several recommendations for the revision of the National Security Service Amendment Bill. These recommendations aim to ensure that the legislation effectively limits the agency’s powers and provides stronger oversight. Key recommendations include:

1. Removal of the power of arrest under “emergency circumstances” to prevent potential abuse.
2. Clarification that the agency cannot detain civilians under any circumstances.
3. Revision of the definition of “crimes against the state” to avoid ambiguity and protect freedom of expression and political opposition.
4. Order the closure of all unauthorized detention sites operated by the security agency and release or transfer detainees to legitimate law enforcement officials for charge and fair trial.
5. Holding security service officials, including senior officials, accountable for past and ongoing rights abuses.

Conclusion

South Sudan’s parliament has an opportunity to address the long-standing human rights abuses committed by the National Security Service by revising the pending bill. Strengthening oversight, restricting broad and unqualified powers, and ensuring accountability for past abuses are essential steps towards creating a more just and democratic society. It is crucial for parliament to take these recommendations into consideration and prioritize the protection of human rights and the promotion of democracy in South Sudan.

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