What next, 30 days after parliament passed disputed NSS bill
It is now 30 days since the national parliament passed the controversial national security bill which Speaker Jemma Nunu Kumba submitted to President Salva Kiir for assent a week later, but there has not been any public update on what has become of the bill.
Civil Society Activist Edmund Yakani urged President Kiir’s office to inform the country on the fate of the bill that give the security agency power to arrest suspects without obtaining a warrant.
The passing of the bill in a dramatic sitting on 3rd July divided the national parliament, created fear among citizens, and drew criticisms from opposition leaders and diplomatic missions.
Opposition lawmakers and civil society groups said maintaining Articles 54 and 55 of the bill was in contrary to a 2023 consensus between President Kiir and First Vice President Dr. Riek Machar for such clauses to be scrapped.
“I would like to appeal to the leadership of the country that we need to really need to get update on the fate of the National Security Service bill which was disputed before,” Yakani said in a recorded statement shared with Eye Radio.
Mr. Yakani, the Executive Director of Community Empowerment for Progress Organization, claimed that he is aware the president did not sign it into law and instead forwarded it to the Ministry of Justice.
The activist said it is important that the top leadership updates the public on the contentious bill, which he said has huge implications for the transitional process and the Tumaini Initiative.
“As we are aware, H.E. the President did not sign it into law. He sent it to the Ministry of Justice according to public information. We really need an update on what is the fate of the bill because 30 days have elapsed.”
“Is it now a law or it is ready to be returned to parliament to be worked on and phased into final endorsement because remember, this is one of the bills that have huge implications on the political transitional process in the country.”
Yakani also pointed out that opposition leaders at the Nairobi peace process have preconditioned the success of the negotiations on revocation of the security bill.
“So I think it is high moment for the leadership of the country to inform us exactly about what is going on regarding the bill which was passed in a very controversial manner.”
The transitional constitution permits that if the president has not signed a bill within 30 days, it eventually becomes a law.
– Growing concerns –
On 8th July, opposition groups in the Tumaini Initiative, negotiating peace under Kenyan mediation with the transitional government, declared that they will not sign any agreement with the R-TGONU until the bill is revoked.
They said the NSS must be reconstituted into a civilian National Intelligence Service with the mandate to gather intelligence without powers of arrest, detention, and interference in the political processes.
The SPLM-In Opposition also called on President Kiir to uphold the principal’s decision to repeal the provision allowing arrest without a warrant in the NSS bill and urged him not to approve it.
Further, the Human Rights Watch appealed to the President on 4th July, to reject the draconian legislation.
Laetitia Bader, the Deputy Africa Director at Human Rights Watch, said the South Sudan parliament was expected to omit the clause used as justification for alleged arbitrary arrests and detention.
According to him, the security bill would further undermine human rights and entrench the agency’s longstanding abuses in the country. He stated that the security service has exercised these powers without meaningful judicial or legislative oversight, and its agents are rarely punished for abuses.
It has repeatedly called on the South Sudanese authorities to limit NSS powers to intelligence gathering, as envisioned by the Transitional Constitution of 2011, which mandates the agency to focus on information gathering, and analysis and to advise the relevant authorities.
On 10th July, the Embassies of Western countries in South Sudan expressed grave concerns over the move by the national parliament to pass the security bill, adding that enactment of the bill to law will be regrettable at any time.
The diplomatic missions of Canada, European Union, France, Germany, Netherlands, Norway, the United Kingdom, and the United States in the country said the bill will constitute a significant shift away from opening civic and political space as the country prepare for its first ever elections.
The South Sudan government condemned the foreign missions for criticizing the passing of the draconian bill, describing it as an interference in the internal affairs of South Sudan.
In a two-page document issued on the same day that the security bill was submitted to the president, Amb. Wol Mayar, the Director of Media and Foreign Ministry Spokesperson, accused the diplomatic missions of inciting the public against authorities.
