Rights defenders welcome decision to scrap security powers
February 26 2023 (JUBA) – South Sudan Human Rights Defenders Network (SSHRDN) has welcomed the recent decision of the presidency to scrap the powers of the National Security Service (NSS) to arrest, without a warrant.
On 21 February, South Sudan President Salva Kiir and the First Vice President Riek Machar agreed to remove sections 54 and 55 in the NSS Act that give the institution unconstitutional powers to arrest without and with a warrant, therewith agreeing to curb the NSS’s powers which, if enacted, would be a step towards bringing the 2014 NSS Act in line with the constitution.
The NSS Act, 2014 which was amended in September 2019, allows security agents virtually unfettered authority to arrest and detain suspects, monitor communications, and search and seize property.
The National Coordinator for SSHRDN, James Bidal said human rights defenders have faulted the NSS Act which gives security powers to arrest, detain, search as well as seize properties without adequate safeguards.
“The scrapping of the two sections comes at a time when so many arrests, often arbitrary ones, have been made in violation of human rights,” he said.
According to Bidal, the national security’s constitutional mandate is limited to information gathering, analysis, and advice to the relevant authorities.
In recent years, SSHRDN have reportedly documented several cases of human rights violations by the NSS, including arbitrary arrests and prolonged detention, of political opponents and government critics.
“We, therefore, applaud the President and the First Vice President for this positive step that we believe will reduce human rights violations by the NSS,” said Bidal.
“The review and scrapping of these sections come at a time when the country is gearing up for key political events inclusive of the forthcoming constitution-making process and general elections, events when the freedom of expression, association, and assembly is especially critical,” he added.
Bidal said SSHRDN looks forward to the swift amendment of the 2014 NSS Act.
“We look forward to the swift amendment of the 2014 NSS Act and we will continue to advocate for the rule of law in South Sudan as a core tenet of democracy and governance,” he stressed.
Since the NSS Act in 2014, the NSS has accumulated unchecked powers, becoming one of the main perpetrators of human rights violations and the most powerful security actor in South Sudan. Exceeding the NSS’s constitutional mandate, which limit its powers to “information gathering, analysis and advice to the relevant authorities,” the 2014 NSS Act gives the security agency police-like powers to arrest, detain, conduct searches and seize property without adequate safeguards.
(ST)