Arbitrary arrest in South Sudan
Francis G. Nazario
The security services in South Sudan use arbitrary arrests, among other tools, to suppress dissent and instil fear in the population. Most cases of arbitrary arrests that have occurred since 2005 in South Sudan, as reported in the media, lack legal justifications. Without mentioning the names of the victims and places where they were arrested, most of them were arrested and detained because of their supposed links to opposing political groups, political affiliations (perceived or real) or simply because of their belonging to certain ethnic groups. The arrests occurred in all the reported cases after the victims publicly expressed dissenting views.
Those who have been arbitrarily arrested based on their declarations have often been subjected to physical and psychological harm while in custody, including torture, ill-treatment, and denial of basic rights such as access to legal representation. Families are left in a state of uncertainty and fear, not knowing the fate or whereabouts of their loved ones who have been taken away without warning. This kind of unlawful arrest also has broader societal implications, contributing to the installation of a culture of fear and distrust within communities. The erosion of trust in state institutions and the justice system further undermines the rule of law and hinders efforts to build a stable and inclusive society. The targeting of specific ethnic groups or political forces through arbitrary arrests exacerbates existing tensions and can further fuel violence and conflict. The arbitrary arrests as they had happened had far-reaching implications for the individuals, their families, and communities.
It is worth mentioning that the use and abuse of arbitrary arrests, which has become the NSS trademark, has not gone unnoticed by the international community and human rights organizations. Various reports and investigations have documented widespread human rights abuses, including arbitrary arrests, committed by state actors and armed groups in South Sudan. Calls for accountability and justice have been made by international bodies such as the United Nations and regional organizations like the African Union. Human rights advocates and civil society organizations within South Sudan have also been working tirelessly to raise awareness about arbitrary arrests and other human rights violations in the country.
Political tension and continuous power struggle within South Sudan have created an environment where arbitrary arrests and detentions are increasingly used as a tool to intimidate and silence opponents. Political dissent is often met with harsh reprisals, leading to a climate of fear and self-censorship among the population. The lack of accountability for those responsible for arbitrary arrests only serves to embolden perpetrators and perpetuate the cycle of human rights abuses in the country.
Addressing the issue of arbitrary arrests in South Sudan requires a multi-faceted approach that addresses the root causes of this human rights violation. Strengthening the rule of law, ensuring accountability for perpetrators, and promoting respect for human rights are essential steps towards ending arbitrary arrests in the country. This includes reforming the justice system to ensure due process rights for all individuals, regardless of their political beliefs or ethnic background. Additionally, efforts to promote dialogue and reconciliation among different ethnic and political groups can help address underlying tensions that fuel arbitrary arrests. Building trust in state institutions and fostering a culture of respect for human rights are crucial components of any strategy to prevent future human rights abuses in South Sudan. International support and pressure are also key in holding the government accountable for its actions and ensuring that perpetrators of arbitrary arrests are brought to justice. Through documentation, advocacy campaigns, and legal assistance for victims. These groups will one day play a crucial role in holding perpetrators accountable and seeking justice for those affected by arbitrary arrests.
Arbitrary arrests represent a serious human rights violation that undermines the rule of law, perpetuates conflict, and threatens the stability of the country. Addressing this issue is crucial and requires concerted efforts from both domestic and international actors to promote accountability and respect for human rights. Dialogue and reconciliation among different political groups and communities should also be encouraged. It is only through sustained advocacy, campaigns, and more actions in favour of the promotion of Human Rights that South Sudan can move towards a better future where arbitrary arrests are no longer a tool of repression but a relic of its troubled past.
Dr. Francis G. Nazario, Independent consultant, PhD Political Science, former ambassador, and former United Nations official. Can be reached through: [email protected]