South Sudan's Controversial Security Law Enacted Without Presidential Approval, Sparks Outcry

In Summary

• South Sudan’s new security law, allowing arrests without warrants, has become law despite not being signed by President Salva Kiir.
• The law automatically took effect after 30 days passed without presidential action, raising concerns among human rights activists and Western nations.
• The law has intensified tensions ahead of South Sudan's first elections scheduled for December 22, under the transitional government formed after the 2018 peace agreement.

Juba, South Sudan – South Sudan’s contentious security legislation, which grants authorities the power to arrest individuals without a warrant, has officially become law, even though President Salva Kiir did not sign the bill. Parliament’s spokesperson, Oliver Mori, confirmed on Thursday that the law was enacted "automatically" under the country’s constitution after 30 days passed without any action from the president since the bill was presented to him on July 12.

The law's passage has ignited significant backlash from human rights organizations and international observers, who argue that it could lead to increased arbitrary detentions and stifle political and civic freedoms. In July, nine Western envoys, including representatives from the United States and the United Kingdom, voiced their concerns, emphasizing that South Sudanese citizens should be able to participate in political and civic activities without fear of unjust arrests or intimidation by security forces.

This new legislation comes at a critical time as South Sudan prepares for its first election on December 22, under the transitional government established by the 2018 peace agreement that ended a brutal five-year civil war. The conflict, which claimed nearly 400,000 lives, left deep scars, and the upcoming elections are seen as a crucial step towards stabilizing the nation.

However, the new law has become a significant point of contention in ongoing discussions between the government and opposition groups that were not signatories to the 2018 peace agreement. These groups have expressed concern that the law could be used to suppress dissent and undermine the democratic process.

Yasmin Sooka, chair of the U.N. Commission on Human Rights in South Sudan, warned that the law could lead to "more arbitrary detentions and enforced disappearances." She urged both the president and parliament to reconsider the legislation in light of democratic principles, stating, "The enactment of this bill directly contradicts the commitments made by South Sudan to both the international community and to South Sudanese."

Local rights groups have also expressed alarm. Ter Manyang Gatwech, executive director of the Center for Peace and Advocacy, announced plans to challenge the law in court, describing it as a direct threat to the nation's stability. "Nobody is safe in this country because of its nature," Gatwech told the Associated Press.

The U.S. State Department also weighed in, with spokesperson Mathew Miller emphasizing the need for South Sudan’s transitional government to foster an environment where citizens can freely express their views without fear of reprisal.