South Sudan’s National Security Service Bill: Addressing Concerns and Ensuring Accountability

Amnesty International and Human Rights Watch have called on South Sudan’s parliament to revise the pending National Security Service Amendment Bill in order to address the agency’s abusive practices. In a joint letter, the organizations outlined problematic provisions in the bill and urged parliament to strengthen oversight and limit the agency’s broad powers.

The current National Security Service Act of 2014 grants the agency unrestricted powers, allowing it to commit serious human rights abuses without consequence. Amnesty International and Human Rights Watch have documented how these broad powers have stifled civic space, with little judicial or legislative oversight and a lack of accountability for agents who commit abuses. The organizations argue that the government must take action to address these widespread practices, as they have left many victims with long-term physical and mental health conditions.

The National Security Service Amendment Bill, which is part of the reforms initiated by the 2018 Revitalized Peace Agreement, contains both positive and problematic provisions. The bill introduces principles based on human rights and prohibits torture, cruel, inhuman, and degrading treatment. It also gives the justice minister and civilian courts a greater role in prosecuting agency officials accused of crimes. However, the bill still includes vague and broad provisions that could enable the agency to continue violating human rights.

One concerning provision in the bill is the agency’s authority to arrest and detain individuals under “emergency circumstances.” While the bill revokes the agency’s authority to arrest with or without a warrant in some cases, this provision could be subject to abuse. The bill also allows for arrests without a warrant if the person is suspected of “crimes against the state,” which Amnesty International and Human Rights Watch argue should be removed.

The bill’s definition of “crimes against the state” as broadly undermining the government is also problematic, as it leaves room for the government to use trumped-up charges to restrict freedoms such as freedom of expression, peaceful assembly, and association. The government has previously used such charges to silence political opposition and criticism of state policies.

In addition to revising the National Security Service Amendment Bill, Amnesty International and Human Rights Watch call on the South Sudanese government to take immediate action. They urge the closure of all unauthorized detention sites operated by the security agency and the release of detainees or their transfer to legitimate law enforcement officials for a fair trial. The organizations also demand transparency regarding the whereabouts, status, and condition of Morris Mabior Awikjiok, a South Sudanese refugee who was transferred from Kenya and is reportedly being held incommunicado at the security agency’s Blue House detention site.

For the efforts to reform the security service to be effective, accountability measures must be implemented to hold officers responsible for past and ongoing human rights abuses. Amnesty International’s East and Southern Africa Regional Office emphasizes the importance of ensuring that security service officials, including senior officials, are held accountable.

This joint call from Amnesty International and Human Rights Watch highlights the urgent need for South Sudan’s parliament to revise the National Security Service Amendment Bill and address the agency’s abusive practices. Strengthening oversight and limiting the agency’s powers are crucial steps towards ending the climate of repression and fear in the country. It is imperative that the government takes immediate action to hold accountable those responsible for human rights abuses and ensures transparency in all detention practices. By doing so, South Sudan can move towards a more just and rights-respecting society.

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