Introduction
On 13th December 2022, Special Representative of the UN Secretary-General for South Sudan and Head of the United Nations Mission in South Sudan (UNMISS) Nicholas Haysom, briefed the UN Security Council on the situation in South Sudan. He acknowledged the passage of essential bills, such as the Constitution Making Bill, and ratification of the Roadmap by the Transitional National Legislature that extends the transitional period by 24 months. Additionally, he applauded the National Constitutional Amendment Committee's review of the National Elections Act, but he voiced concerns over the unsolved issue surrounding the implementation of quotas for women and people with disabilities.
Association
On 3rd October 2022, the trial against Kuel Aguer and six others associated with the People’s Coalition for Civic Action (PCCA) started. As previously reported by the Monitor, authorities arrested Kuel in August 2021 during the crackdown on protests, ahead of which the PCCA called for the current leaders to step down. Kuel and six other activists associated with the PCCA who fled the country were charged in absentia for subverting the constitutional government, attempting to overthrow the government by unconstitutional means, and causing disaffection among security forces. If found guilty, they face a possible sentence of 20 years in prison. According to Human Rights Watch, Kuel was denied adequate health care and regular access to his lawyer while in detention.
On 12th December 2022, the special court dismissed all charges against Kuel Aguer due to lack of evidence and released him immediately. The PCCA released a statement applauding the special court for its ruling, claiming that it was a historic victory for the rule of law and the affirmation of citizens’ freedom of expression.
Expression
In October 2022, Abraham Chol Maketh, a self-proclaimed prophet, appeared in court. Maketh and four others were accused and charged with subverting the constitutional government, causing disaffection among police or defence forces, publishing or communicating false statements that were prejudicial to South Sudan, and undermining the authority of or insulting the president. Maketh was arrested in July 2021 after predicting that President Salva Kiir and his First Deputy, Dr Riek Machar, would leave office before the 10-year anniversary of the country’s independence that month. According to Human Rights Watch, Maketh experienced human rights violations during his detention, including being denied access to health care.
On 9th December 2022, the four co-accused were acquitted due to lack of evidence and a few charges against Maketh were dropped. However, Maketh was charged under sections 76 and 202 of the South Sudanese Penal Code Act 2008, which outline punishment for insulting the president and other leaders. On 20th December 2022, the judge sentenced Maketh to 31 months in prison under section 202, and a three-month jail term or a fine of SSP 500,000 (approx. USD 4,000) under section 76.
On 3rd January 2023, the National Security Service (NSS) detained six South Sudan Broadcasting Corporation (SSBC) journalists for reportedly releasing a video of President Salva Kiir urinating on himself that went viral on social media. According to a SSBC official, the network did not broadcast the video. The six are being held in the Blue House NSS headquarters. According to Muthoki Mumo, a spokesperson of the Committee to Protect Journalists (CPJ), the arrest reflects a trend of security personnel resorting to arbitrary detention whenever officials find coverage unfavourable.