Security law in South Sudan allowing arrests without warrant becomes law

JUBA, South Sudan — South Sudan's controversial security legislation, which allows the arrest of people without a warrant, has come into force even though the president has not signed it, a parliamentary spokesman said on Thursday.

Spokesman Oliver Mori told the Associated Press that the bill came into force “automatically” 30 days after it was submitted to President Salva Kiir on July 12, in accordance with the constitution.

Kiir neither signed nor vetoed the law, which has been criticized by human rights activists and some other countries. Nine Western envoys, including representatives from the United States and Britain, said in July that South Sudanese should have the right to freely express themselves politically and civically without fear of arbitrary arrest or intimidation by security forces.

On December 22, South Sudan will hold its first elections under the transitional government formed after the signing of a peace agreement in 2018. The agreement ended a five-year civil war in which nearly 400,000 people died.

The new law proved to be a sticking point in talks between the government and opposition groups that were not part of the 2018 peace agreement.

Yasmin Sooka, chair of the UN human rights commission in South Sudan, said on Thursday that the new law would give security authorities the power to carry out “even more arbitrary detentions and enforced disappearances”.

“We urge the President and Parliament to review the situation and review the law in line with democratic processes to build credibility and legitimacy. The passage of this law is in direct contradiction to the commitments South Sudan has made to both the international community and the South Sudanese people,” she said.

Ter Manyang Gatwech, executive director of the local human rights group Center for Peace and Advocacy, announced that he would challenge the law in court.

“This bill poses a direct threat to the nation, and by its nature, no one in this country is safe,” he told AP.

US State Department spokesman Mathew Miller said last month that South Sudan's transitional government must act urgently to create an environment in which people can express their views openly and without fear.