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South Sudan's recent legislative actions have sparked significant controversy and concern among human rights advocates and international observers. On July 3, 2024, the National Legislative Assembly of South Sudan passed amendments to the National Security Service (NSS) Act of 2015, expanding the agency's powers to arrest and detain individuals without judicial oversight. This move, purportedly aimed at enhancing national security, has raised alarms due to its potential for abuse and its implications for human rights in the country.

The amendments, passed by a margin of 274-114 after a brief but contentious debate, grant the NSS broad authority to arrest and detain individuals suspected of "crimes against the state" without the requirement of a warrant. Critics, including Human Rights Watch and other rights organizations, argue that such provisions are vague and prone to misuse, allowing the NSS to suppress dissent and curtail freedoms guaranteed under South Sudan's constitution.

Human Rights Watch, in particular, has been vocal in condemning these amendments. According to Laetitia Bader, Deputy Africa Director at Human Rights Watch, the amendments represent a missed opportunity to reform the NSS and instead strengthen its role as a tool of repression. The agency, historically accused of arbitrary arrests, torture, and other abuses, operates with minimal oversight or accountability, further exacerbating concerns about human rights violations in the country.

The amendments were initially proposed as part of broader reforms mandated by the Revitalized Peace Agreement of 2018, aimed at fostering stability and democratic governance in South Sudan. However, the failure to reach consensus on limiting the NSS's powers highlights ongoing challenges in implementing meaningful reforms. Despite earlier indications of scaling back the NSS's authority, subsequent drafts of the amendments retained and, in some cases, expanded its powers, citing the need to address national security threats.

Critics within South Sudan, including opposition members of parliament and civil society activists, have expressed disappointment and apprehension over the amendments. Many argue that empowering the NSS with unchecked authority sets a dangerous precedent and undermines efforts to build a democratic society based on the rule of law.

Reports from human rights organizations detail numerous cases of arbitrary detention, torture, and mistreatment of detainees by the NSS. Individuals detained under vague charges of "crimes against the state" often face prolonged periods of incarceration without access to legal counsel or fair trial procedures. The conditions in which detainees are held are reported to be harsh, with overcrowded cells and inadequate access to basic necessities.

One poignant case is that of Morris Mabior Awikjiok, a prominent South Sudanese critic and former refugee, who has been detained since February 2023 despite directives from the justice ministry for his release. His case underscores the impunity with which the NSS operates and the challenges faced by victims seeking justice in a system rife with abuse.

International stakeholders and South Sudan's diplomatic partners have been urged to voice their concerns over these developments. Organizations like Human Rights Watch emphasize the need for international pressure to hold the South Sudanese government accountable for its human rights record and to push for reforms that align with international standards.

The next critical step lies with President Kiir, who has the authority to either approve the amended law or send it back to parliament for reconsideration. Human rights advocates call on President Kiir to reject the amendments, citing their potential to further erode civil liberties and undermine efforts towards a rights-respecting South Sudan.