UN Human Rights Commission urges President Salva Kiir to Reject NSS Bill

The United Nations Commission on Human Rights in South Sudan on Wednesday called on President Salva Kiir Mayardit to return proposed amendments to the National Security Service Act 2014 (Amendment Bill 2024) to legislators for revision.

The Commission warned that the bill, passed by lawmakers last week, would solidify arbitrary detention and further empower the National Security Service (NSS) to repress citizens.

“If accepted by the President, these amendments to the National Security Service Act would signal that rights violations by this powerful institution are endorsed not just by the rest of government, but legislators as well” said Yasmin Sooka, Chairperson of the Commission.

She urged revisions to align the bill with the government’s commitment to remove the NSS’s arrest powers, which the Commission deems “systematically abused and unlawful.”

“The Bill should be returned to legislators to work on amendments that align with the government’s commitment to scrap this institution’s arrest powers, which are systematically abused and unlawful,” she said.

The Commission has documented extensive human rights abuses by the NSS, including arbitrary detentions, torture, and deaths in custody. They highlighted the targeting of civil society leaders critical of the government.

“As South Sudan prepares for its first elections since independence, the citizenry must be able to exercise their civil and political rights without fear of retribution,” said Commissioner Barney Afako. “These security amendments were intended to open up civic space, but in their present form, their effect is the opposite.”

The current Act grants NSS officers broad arrest and detention powers, rarely subject to judicial oversight. The Commission emphasized that in democracies, intelligence services lack such powers.

“In a democratic society, intelligence services should not and do not have powers of arrest and detention. The unchecked powers of the National Security Service are yet another manifestation of the lack of rule of law and any judicial oversight,” noted Commissioner Carlos Castresana Fernández.

“Courts lack independence, are chronically under-resourced, and thus unable to protect citizens against arbitrary detentions. In addition to ensuring the legislation complies with human rights law and constitutional protections, the Government must invest in a credible functioning judiciary,” he added.

South Sudan acceded to the International Covenant on Civil and Political Rights in February 2024, which prohibits arbitrary detention. The Commission noted previous government commitments to abolish the NSS’s arrest powers, which were absent from the bill.

The President has 30 days to return the bill for revision. The Commission urged him to do so “to ensure that South Sudan meets its human rights obligations to prevent further arbitrary arrests and detentions, to avoid further abuses, and to enable accountability regarding the National Security Services.”