South Sudan civil society warns bill a threat to national security

November 11, 2014 (JUBA) – A coalition bringing together 23 civil society organisations, religious leaders community activists has released a statement warning that imposing South Sudan’s controversial security bill contravenes the conduct of business rules and regulations.

The Bill was passed by a section of parliament despite the lack of quorum, sparking some MPs to boycott the session.

The group has expressed deep concerns that the Bill, which is now awaiting the president’s signature, gives the National Security Services (NSS) too much power.

“The NSS Bill in its current form is a threat to the very national security that it purports to protect. In our opinion, the Bill and the manner in which it is being developed violates the transitional constitution of the Republic of South Sudan on both substantive and procedural grounds,” the 8 November statement reads in part.

According to the group, the legislation should be reframed into conformity with the transitional constitution and to ensure that the public is given sufficient opportunity to provide input on the draft legislation.

It has called on the government to “focus on intelligence gathering and ensure the protection of due process and fair trial rights and restart the law-making process to correct procedural irregularities”.

The group also pointed out that the Bill contradicts the mandate of the country’s transitional constitution, which envisages a NSS that is restricted to an intelligence-gathering function only and does not have the police powers of arrest, detain, subpoena, search and seizure and use of force.

Article 12 of the new security Bill allows the NSS agents broad powers to summons, investigate and take depositions from suspects and potential witnesses.

It also allows government operatives to monitor, search and seize property, as well as arrest and detain suspects I connection to activities or other factors deemed to be a threat to national security.

Another concern of the group is a provision in the Bill that allows the monitoring of frequencies, wireless systems, publications, broadcasting stations and postal services, purportedly aimed at preventing misuse by users.

(ST)