By Philip Buda Ladu
Arbitrary arrests and ensuing detention of civilians remain a serious human rights concern in South Sudan, a joint report by the UN Human Rights Office and the United Nations Mission in South Sudan (UNMISS) stated.
The report documented 1,140 civilian arrests between January and May 2024, including 162 women and 87 children.
The report, which draws on verified and documented cases of human rights violations attributed to both state security elements and non-state armed groups, says women and girls were often subjected to arbitrary and unlawful arrests largely for refusing arranged marriages, seeking divorce, or facing accusations of adultery, reflecting the use of gender-based violence as a tool of control.
Furthermore, the report says individuals, including persons with disabilities, have often been detained without ever being found criminally responsible and individuals suspected of political opposition or those intending to participate in political processes were also targeted.
UN High Commissioner for Human Rights Volker Türk sadly emphasized that individuals are detained without due process, often for non-criminal offenses, saying these practices undermine South Sudan’s efforts to reform its justice system.
“It is concerning that individuals have been arrested and detained – in many cases for alleged conduct that does not amount to criminal offences. Such arrests and detention practices as outlined in our report detract from South Sudan’s ongoing efforts to reform the criminal justice system and improve the protection of human rights,” said Volker Türk.
He called on the South Sudanese authorities to release all individuals arbitrarily deprived of their liberty, and to bring those responsible for such violations and abuses to justice.
The report points to government security agencies, including the National Security Service and the South Sudan People’s Defence Forces, as primary perpetrators. Non-state armed groups like the Sudan People’s Liberation Army – In Opposition and the National Salvation Front were also implicated.
While acknowledging the government’s efforts to improve the human rights situation, including the establishment of the Judicial Reform Committee and the deployment of mobile courts, the report emphasizes the need for further action.
With the support of UNMISS and other UN entities, the Government of South Sudan has taken measures to improve legal aid and justice sector reform in the country, among them the establishment of the Judicial Reform Committee, and the deployment of mobile courts and special courts.
The UN noted that in its response to the report, the Government of South Sudan also expressed its willingness to conduct an independent investigation into the allegations of human rights violations contained in the report and to hold perpetrators accountable.
The UN Special Representative to South Sudan and Head of UNMISS Nicholas Haysom echoed the same sentiment, urging the government to release all individuals arbitrarily detained and bring those responsible for these violations to justice.
“The Government’s willingness to investigate and ensure that those responsible are brought to justice is commendable. We urge them to also ensure that all victims of human rights violations and abuses receive the necessary support and reparation,” said Haysom.
Building on past progress, Mr. HaysomI encourages the Government to continue its efforts to address the remaining challenges and ensure that justice delivery mechanisms are independent, effective and accessible for all citizens.
The report calls upon the government to prioritize the protection of civil liberties, including the right to freedom from arbitrary detention and the right to participate in public affairs, particularly in the lead-up to upcoming elections. The UN offered continued support to South Sudan in prison reform efforts.