NSS arrests Kuel Aguer Kuel, a member of the pressure group People’s Coalition for Civil Action (PCCA); The NSS and the police cautioned citizens against participating in planned protest against the government after the PCCA planned to hold nationwide protests on 30th August 2021; HRDs and activists arrested for planning protests; Journalists arrested for broadcasting planned protests; Several separate incidents of harassment of journalists by the NSS reported.
On 2nd August 2021, two women were appointed to senior leadership positions within the transitional National Legislature, including the first female Speaker of the Transitional National Legislative Assembly and a female Deputy Speaker of the Council of States. The UN Special Representative and head of the UN Mission in South Sudan (UNMISS), Nicholas Haysom, commended the development and stressed that the reconstitution of the state legislature must follow this.
During the 69th ordinary session of the African Commission on Human and People’s Rights (ACHPR), the South Sudan Human Rights Defenders Network (SSHRDN) held a virtual event. SSHRDN urged the government to amend the National Security Service Act, which gives the National Security Service (NSS) unchecked authority to arrest human rights defenders (HRDs) and other independent actors.
The situation in South Sudan remains volatile, as parts of the country experience inter-communal conflict. Nine people died in Bor, Jonglei State, during inter-communal revenge attacks. On 19th November 2021, suspected criminals from Pibor Administrative Area ambushed two men on a motorbike travelling to Ayindi Payam. Consequently, Ayindi youth targeted and killed seven Pibor residents.
Officials from the Reconstituted Joint Monitoring and Evaluation Commission (R-JMEC), the regional organ that monitors the peace deal implementation, are alarmed that delays in implementing the 2018 revitalised peace agreement (R-ARCSS) could result in a new conflict. The body is concerned that critical stages of implementing the R-ARCSS - including planning for the elections, writing a new constitution and merging security forces to form and train a national army - are pending.
On 2nd August 2021, the NSS arrested Kuel Aguer Kuel, a member of the pressure group People’s Coalition for Civil Action (PCCA), and attempted to hunt down the other two signatories of the PCCA declaration, Abraham Awolich and Rajab Mohandis. According to a statement by the PCCA, the NSS shut down the Sudd Institute, where Awolich is a managing director. In addition, they detained staff members and took them to the Blue House for questioning. The statement claimed that the staff would only be able to go home once Awolich surrendered. The arrests were made just days after the formation of PCCA. Weeks later, the Central Bank of South Sudan froze the accountsof the PCCA and organisations connected to it in a directive issued by the Director General at the bank on 6th October 2021.
The NSS and the police cautioned citizens against participating in planned protest against the government after the PCCA planned to hold nationwide protests on 30th August 2021, under a public campaign for change that was launched in July 2021. According to PCCA, the Revitalised Transitional Government of National Unity led by President Salva Kiir is doing very little to address the many challenges facing the people of South Sudan, hence the campaign for change and protests.
According to the police spokesperson, the planned protest would “create public disruptions” and would not be tolerated by the authorities. On 27th August 2021, there was a large police presence, and police officers had orders to arrest any protestors on the street.
On 27th August 2021, ahead of the planned protest, four activists were arrested in Wau and two others, together with a bishop, were arrested in Yei. The NSS accused them of “possessing information” attributed to the PCCA coalition.
Similarly, on 2nd September 2021, the NSS arrested two staff members of the Foundation for Democracy and Accountable Governance (FODAG), allegedly for being among the individuals who planned protests. Jame Kolok posted on his Facebook page that “staff members were innocent and should not be victimised.”
On 27th August 2021, NSS officials raided and closed Radio Jonglei. The NSS arrested three journalists, namely Matuor Mabior Anyang, Ayuen Garang Kur and Deng Gai Deng, and confiscated their phones. Officials suspected Radio Jonglei of “sympathising” with the PCCA. They accused the station of broadcasting a call for the planned 30th August protest. Prior to the raid, NSS officials summoned the station's director and ordered him to stop broadcasting political stories.
Relatedly, on 29th August 2021, on the eve of the planned protest the government shut down internet access. Disruptions persisted until 30th August 2021, when it became clear that the protest would not take place. According to Michael Makuei, the Minister of Information, Communication Technology and Postal Services, the internet shutdown was due to “technical problems.”
In several other incidents of harassment of journalists by the NSS:
NSS officials briefly detained Ajou Luol, a reporter working for Al Jazeera, on 30th August 2021. NSS agents arrested Luol for arguing with them during the presidential speech at the inauguration of Parliament. In addition, the agents threatened and confiscated the equipment of two other journalists, Maura Ajak and Yom Manas, for attempting to boycott the session in protest at Luol's detention.
On 21st October 2021, the NSS arrested Ayuel Chan, a news anchor at the state-owned South Sudan Broadcasting Corporation (SSBC) and held him at their detention centre in Juba, known as the “Blue House.” They released him the following day. Chan claimed his detention was related to a story he authored about Governor Aleu Ayieny Aleu allegedly harassing and intimidating members of the opposition party SPLM-IO in Warrap State.
Similarly, Ngor Deng, a reporter working with No 1 Citizen Daily, fled after allegedly receiving phone threats from the NSS. Deng believes the threats are related to a story he published on missing salaries for civil servants in Northern Bahr el Ghazal state on 3rd October 2021.
In other developments, on 5th October 2021, Paul Youane Bonju, the chairperson of the information committee in South Sudan's reconstituted National Legislative Assembly, warned journalists of the risk of being sued if they didn't follow the proper protocols for reporting MPs' financial activities. Bonju claimed that news outlets reporting on parliamentary expenditure without authorisation from the Speaker could have their licences revoked. The executive director of the Association for Media Development in South Sudan, Micheal Duku, condemned the restrictions. Media groups claimed that Bonju's comments are “an attempt to hide information from the public.”
Speaking to VOA’s South Sudan in Focus, Micheal Duku, executive director of the Association for Media Development in South Sudan said:
"The media is regulated by law and when it comes to information that is categorised, there is classified information and unclassified information… So long as this falls under unclassified information, the public has the right to know."
Although Article 25 of South Sudan’s Transitional Constitution guarantees the freedom of association, and although the purpose of the new transitional government is to ‘restore peace, security and stability’, people who operate civil society organisations do so in extremely difficult conditions.
Although Article 25 of South Sudan’s Transitional Constitution guarantees the freedom of association, and although the purpose of the new transitional government is to ‘restore peace, security and stability’, people who operate civil society organisations do so in extremely difficult conditions. At an operational level, CSOs face the threat of violent attack from both government forces and rebel groups, and the threat of arrest and torture from the state. In December 2015, 13 civil society members were arrested in Wau, accused of being allies of rebel groups and bringing public dishonour to the state government. It was reported that at least three of them were ill-treated or tortured. In many parts of the country, human rights defenders, even those working for the promotion of peace, are repeatedly beaten, attacked, harassed, intimidated and threatened by the National Security Services (NSS). Human rights defenders cooperating with the UN Human Rights Council have also faced intimidation and harassment. Procedurally, the formation of CSOs is governed by the NGO Act of 2003. CSOs must be approved by both the Ministry of Justice and the Relief & Rehabilitation Centre in Juba. CSOs may also be required to register with sub-national bodies. A restrictive new NGO bill approved by parliament in February 2016 empowers the government to monitor the work of civil society organisations, who must get approval to undertake any activities not specifically mentioned in their registration certificate and they face severe penalties for any breach of the new rules. The bill also limits to 20% the number of foreigners each NGO may employ, potentially hampering the work of international aid agencies operating in South Sudan.
During the recent civil war, protest was virtually impossible and the right to peaceful assembly enshrined in the Transitional Constitution was effectively suspended.
During the recent civil war, protest was virtually impossible and the right to peaceful assembly enshrined in the Transitional Constitution was effectively suspended. People who gather in public to promote any cause run the risk of deadly attacks by security services and rebel forces alike. Although some protests do occur, violence is common and the authorities frequently use excessive force to disperse crowds. A number of civil society activists were targeted in 2015 for protesting against a lack of protection at a local market. Instead of responding to their concerns, the authorities arrested the protestors. Previously, in December 2012, more than 25 protestors in Wau were reportedly killed by the South Sudan Armed Forces. From 2015, the state also made use of the National Security Service Act that gives intelligence officers broad powers to arrest, search and detain citizens.
The right to free expression is regularly and seriously violated in South Sudan, as the state aggressively denies citizens and the media the ability to impart and receive information and opinions.
The right to free expression is regularly and seriously violated in South Sudan, as the state aggressively denies citizens and the media the ability to impart and receive information and opinions. Numerous newspapers and radio stations have been shut down by the authorities, who have also seized the print runs of newspapers on several occasions when inconvenient stories are published. The situation worsened after the outbreak of civil war in December 2013 as the state and rebel factions sought to quell any reporting that might shine a light on atrocities and human rights abuses being committed by them. In August 2015, President Salva Kiir threatened to kill journalists who report negatively on the country. Individual journalists faced huge risks for reporting on the conflict as many were threatened, kidnapped, tortured, suffered forced disappearances or were killed; many others were forced to live in exile. This treatment of journalists continues even with the signing of a peace accord. In March 2016, journalist and editor of El Tabeer newspaper Joseph Afandi was abducted and later found with severe burns and torture marks on his body. Two months earlier he was held by the intelligence body for criticising the ruling party for failing to protect civilians. In these circumstances, people in South Sudan struggle to gain access to fact-based and impartial reporting. Internet penetration remains low in South Sudan, with just one in seven people online as of 2014.