South Sudan’s controversial security legislation, which allows the arrest of individuals without a warrant, has officially become law despite President Salva Kiir’s failure to sign it, according to a statement from the parliament’s spokesperson, Oliver Mori.
The bill became law “automatically” as per the country’s constitution after 30 days passed since its submission to President Kiir on July 12.
This development has ignited widespread criticism from human rights groups and international observers, who warn of its potential to stifle political freedoms and exacerbate existing tensions.
The law’s passage has been met with strong opposition from nine Western diplomats, including representatives from the United States and the United Kingdom, who emphasized the importance of South Sudanese citizens being able to engage in political and civic activities without the threat of arbitrary detention.
The timing of this legislation is particularly concerning, as South Sudan is scheduled to hold its first election on December 22 under the transitional government established following the 2018 peace agreement that ended a brutal five-year civil war.
The conflict, which claimed nearly 400,000 lives, left the nation in a fragile state, and this new law threatens to further destabilize the tenuous peace.
Human rights advocates, including Yasmin Sooka, chair of the United Nations Commission on Human Rights in South Sudan, have voiced alarm over the law’s provisions.
Sooka warned that the legislation could lead to “more arbitrary detentions and enforced disappearances” by granting security agencies expansive powers.
She called on President Kiir and the parliament to urgently review the law, stressing that its enactment contradicts the commitments made by South Sudan to both its citizens and the international community.
The law has also become a focal point in the ongoing discussions between the government and opposition factions not included in the 2018 peace deal.
These groups argue that the legislation could undermine the credibility of the upcoming elections and the country’s democratic processes.
Human Rights Groups Challenge New Security Law
Local human rights organizations are also preparing to challenge the law. Ter Manyang Gatwech, the executive director of the Center for Peace and Advocacy, declared his intention to take the issue to court.
“This bill poses a direct threat to the nation, and therefore nobody is safe in this country because of its nature,” Gatwech stated, highlighting the risks posed by the law’s broad and vaguely defined powers.
The international community has not remained silent. A joint statement issued by the embassies of Canada, the European Union, France, Germany, the Netherlands, Norway, Sweden, the United Kingdom, and the United States expressed “grave concern” over the legislation.
They warned that the law represents a significant regression in the political and civic space that is essential for free and fair elections.
The statement emphasized that passing such a law now could undermine the transitional government’s claims that it is committed to maintaining an open and democratic environment.
U.S. State Department spokesperson Mathew Miller echoed these concerns, urging the South Sudanese government “to create an environment in which the South Sudanese people can express their views openly and without fear.”
The controversy surrounding this legislation stems from its origins in an amendment to the 2015 National Security Service Act, which was passed by South Sudan’s National Legislative Assembly on July 3.
The amendment has faced fierce opposition due to its provisions allowing the National Security Service (NSS) to conduct arrests and detentions without warrants under “emergency circumstances” or in cases of “crimes against the state.”
Critics argue that the NSS has a track record of abusing such powers, often detaining individuals arbitrarily and subjecting them to torture, sometimes resulting in death.
Amnesty International and other human rights organizations have called on President Kiir to return the bill to parliament for significant revisions.
They argue that the law must be aligned with South Sudan’s constitution and international human rights obligations.
The African organization, Africans for the Horn of Africa (Af4HA), has also joined the chorus of voices urging Kiir to reject the bill.
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