The African Commission on Human and Peoples’ Rights (the Commission), through its Country Rapporteur on Human Rights in the Republic of South Sudan, Honourable Commissioner Solomon Ayele Dersso, expresses profound concern regarding the recently amended National Security Service Act in the Republic of South Sudan.
The Commission has received numerous reports that on 3 July 2024, the South Sudanese Parliament voted in favour of the amended National Security Service Bill with 274 votes in Favor, 114 against, and 3 abstentions. Articles 54 and 55, expanded the powers of the National Security Services, most notably the authority to arrest individuals without a warrant. This legislation now awaits the President’s signature to become law.
The African Commission is concerned that this measure opens avenues for arbitrariness thereby seriously endangering the protection of human rights and the rule of law as enshrined in the following articles of the African Charter on Human and Peoples’ Rights: Article 6: Right to Personal Liberty, Article 7: Right to Fair Trial and Article 12: Freedom of Movement.
In light of these grave concerns, the Commission calls upon the Government of South Sudan to take the following actions:
1. Non-Signature by the President: Request the President not to assent to the bill until a thorough review and amendment process ensures its alignment with the Constitution and the provisions of the African Charter on Human and Peoples’ rights.
2. Parliamentary Reconsideration: Call on the Parliament to reconsider and amend Articles 54 and 55 to ensure that arrest powers are subject to judicial oversight.
3. Public Consultation: Encourage broader public and civil society consultation to foster transparency and inclusivity in the legislative process.
The African Commission on Human and Peoples' Rights remains steadfast in its commitment to supporting the Republic of South Sudan in upholding its human rights obligations and fostering a culture of respect for the rule of law, human rights, and constitutionalism.
Honourable Commissioner Solomon Ayele Dersso, PhD
Country Rapporteur on Human Rights Situation in the Republic of South Sudan
Done this 4 July 2024
