Opposition mounts against security bill in South Sudan

South Sudan's President Salva Kiir at the State House in Juba, South Sudan, February 15, 2020. [Reuters]

In South Sudan, opponents of President Salva Kiir want him to send back to parliament a recently passed bill over concerns it will give state security agents too much power.

Critics of the bill say it will allow the National Security Service to arrest and detain suspects without a warrant, thereby stifling dissent from the opposition and civil rights activists.

South Sudan’s main opposition party, the SPLM-IO, and various civil rights activists, have united to oppose the security bill.

The party’s deputy chairperson, Oyet Nathaniel, expressed dismay over the rushed passage of the bill, despite calls to revise certain sections beforehand.

"We urge His Excellency, the president of the Republic of South Sudan, to honor the directives of the principals, the resolution of the Council of Ministers and the legal advice from the ministers of Justice and Constitutional Affairs to remove Sections 54 and 55 of the act,” he said. “We implore him not to approve this contentious National Security Service bill."

Nathaniel, speaking at a news conference this week, also criticized the past misuse of power by the National Security Service, highlighting instances where individuals were detained without being presented in court, as required by law.

He argued that granting security agents the power of arrest would exacerbate constitutional breaches and human rights violations.

"Their mandate is explicitly to gather and analyze information and provide advice to relevant authorities,” he said. “Nowhere in the constitution does it grant them the authority to engage in armed conflict or war, make arrests or detentions without a warrant, or intimidate and harass."

Ter Manyang Gatwech, executive director of the Center for Peace and Advocacy in South Sudan, argued that the bill’s provisions threaten all citizens, regardless of party.

"Those who passed it may think it targets civil society, ordinary citizens and human rights defenders, but this is not the case,” he said. “I urge the president to return this bill to parliament for revision."

However, some South Sudanese lawmakers who support the measure say it is necessary to protect the country from lawbreakers.

John Agany, a lawmaker and former spokesperson for the National Assembly, defended the bill, asserting that the controversial sections are not unconstitutional. He emphasized the importance of responsible enforcement.

"Our National Security Service is comprised of highly responsible and well-trained individuals,” he said. “Their effectiveness was demonstrated during the 2013 crisis when they maintained order and saved lives. We should not underestimate the efforts of these men and women who work tirelessly to secure our nation."

Daniel Ali, a lawmaker from the ruling SPLM Party, supported the bill’s provisions for arrest without a warrant in cases involving threats to national security.

"The bill does not allow for arbitrary arrests like those over domestic disputes,” he said. “It pertains to serious matters like coup attempts, where swift action is necessary. I urge the assembly to pass this law without delay."

Several embassies have come out against the bill, warning that its enactment would further restrict civic and political freedoms at a critical time for South Sudan.

"Enacting this bill into law would be regrettable under any circumstances, but especially now, when it undermines the transitional government’s commitment to fostering political and civic space,” said Michael Adler, U.S. ambassador to Juba.

As the debate continues, stakeholders both within South Sudan and abroad emphasize the importance of preserving civic space and upholding human rights.

They urge President Kiir to reconsider the bill and address its contentious provisions through constructive dialogue and legal revisions.