In South Sudan, scourge of arbitrary detentions undermines fragile peace

(Image © PA)

Women arrested arbitrarily for seeking divorce. Opposition members held incommunicado without access to lawyers and family. Minors put in prison for years without trial on allegations of theft.

A rise in arbitrary arrests and detention has raised serious human rights concerns in South Sudan, as hundreds of political opponents, journalists and activists are being harassed, intimidated or held by State security agencies and armed groups in a practice human rights groups warn is undermining the country’s fragile peace process.

According to victims’ and eyewitness’ testimonies identified by UN Human Rights Division and the United Nations Mission in South Sudan (UNMISS), security operatives of the South Sudan Peoples Defence Forces and the National Security Service have in recent months detained scores of people who are critical of the government, including members of the Sudan People’s Liberation Army – in Opposition (SPLA-IO).

Arbitrary detentions have been committed by holding victims incommunicado, denying them access to lawyers and family, and using torture and ill-treatment in detention facilities. The arrests have included South Sudan’s first vice-president, ministers, members of parliament and military officers, as well as civilians.

Between January and June 2025, the United Nations Mission in South Sudan Human Rights Division has documented a total of 94 incidents of arbitrary arrest and detentions affecting 391 people, including eight women, four boys and a girl, many of whom are political opposition SPLA-IO.

Since a surge in violence in Nasir County, Upper Nile State, the arbitrary detention of military and political opposition figures, activists and critics by State security forces, often conducted without warrants or due process, has become a tactic to silence political rivals and suppress dissent, according to human rights groups.

Following the sharp increase in hostilities, arbitrary arrests and hate speech in the country, UN High Commissioner for Human Rights Volker Türk warned of a further deterioration in the human rights situation.

“I am concerned that many of the detentions are arbitrary in nature, as the individuals in question were arrested without warrants or due process,” Türk said. “Those arbitrarily detained must be immediately and unconditionally released.”

Turk added: “The escalating hostilities in South Sudan are extremely worrying, threatening the country’s already fragile peace process.”

Gender control

While many arbitrary arrests and detentions have targeted SPLA-IO members, women and girls have also become subject to these unlawful practices that highlight the use of gender as an instrument of control, according to a joint report by UN Human Rights and UNMISS published in December 2024.

UNMISS Human Rights Division verified and documented cases of arbitrary and unlawful arrests of women and girls detained by order of customary courts for refusing arranged marriages or fleeing such arrangements and/or adultery or for seeking divorce, often to compel the return of the bride price to the husband.

In one example, a woman was held in Juba National Prisons for 6 months without trial. Her only crime was her decision to divorce a military officer and adopt two children.

“On hearing that I have adopted two children, my ex-husband has arrested me up to sixteen times using his powers as a military officer. He threatened every lawyer who dared to help me. In the last 6 months, I have suffered, and was sometimes beaten in prison on the instructions of my ex-husband,” she told the UNMISS Human Rights Division.

The woman was finally released in 2025 by the Federation of Women Lawyers South Sudan (FIDA), a feminist group, through a project supported by the UNMISS Human Rights Division.

“I am extremely grateful to FIDA and the UNMISS Human Rights Division for coming to my rescue. Although my ex-husband may come after me again, I have suffered enough and would like to speak for myself and for other women who face with similar challenges in various prisons in South Sudan."

Fragile peace

Despite the 2018 Revitalized Agreement on the Resolution of the Conflict in South Sudan, which sought to end a civil war that cost nearly 400,000 lives, establish a transitional government and bolster reconciliation, the country continues to grapple with entrenched governance challenges, insecurity, targeted persecution, and political instability.

The joint report already highlighted serious human rights concerns related to arbitrary arrests and detention of civilians in South Sudan.

Drawing on documented cases of violations attributed to both State security elements and non-state armed groups, it said individuals, including persons with disabilities, have often been detained without being found criminally responsible and, in many instances, without even having committed any offence.

Visits to prisons and legal aid

The UN Human Rights Division conducted 288 monitoring visits to detention facilities  to assess conditions and ensure the protection of basic rights of persons deprived of liberty in accordance with international human rights standards. As a result of the advocacy and engagement with law enforcement and judicial officials, 518 individuals, including 34 women and 10 children — among them three 3 girls — were released from detention.

The Human Rights Division has also launched a legal aid project to assist incarcerated vulnerable groups. Through the project, 102 inmates (13 women and 10 juveniles) in prolonged detention received assistance, resulting in the release of 69 inmates (6 women and 3 juveniles). Those released included three persons living with HIV and breastfeeding and pregnant women.

Speaking to the Human Rights Council in April 2025, Maarit Kohonen Sheriff, Director of Global Operations Division at UN Human Rights, said the escalating situation in South Sudan threatens to undermine the progress that has been made so far, with potentially devastating consequence for civilians.

Sheriff expressed concern over the house arrest of First Vice President, Riek Machar, calling it an alarming development that threatens to jeopardize the peace process.

“This situation highlights the urgent need for continued international support to prevent a relapse into civil war and to ensure the full implementation of the peace agreement,” she emphasized.

Rights groups and local watchdogs have highlighted the Government's use of detention as a tool to consolidate power and stifle democratic participation. They warn that the climate of fear generated by such actions perpetuates cycles of violence and weakens prospects for inclusive nation-building.

Source: https://www.ohchr.org/en/stories/2025/07/south-sudan-scourge-arbitrary-detentions-undermines-fragile-peace