Uganda President Enacts Controversial Law for Military Trials of Civilians

President Yoweri Museveni's recent law raises debates on judicial impartiality and civil rights.

Uganda's President Yoweri Museveni has officially signed into law an amendment that enables military trials for civilians under specific scenarios, reigniting simmering tensions surrounding judicial fairness and human rights in the nation. This newly signed legislation comes after a Supreme Court ruling declared the prior law unconstitutional in January, citing concerns over the impartiality and competence of military courts for civilian cases.

Under the previous regulation, civilians could be brought to military tribunals if found in possession of military materials, such as firearms or military uniforms. Critics and advocacy groups have voiced alarm that the former law was frequently leveraged to suppress government dissenters, rather than addressing genuine security threats.

The amendment was passed by Uganda's Parliament amidst a heavy police presence and a boycott from opposition members who contended that it contradicted the Supreme Court's ruling. The International Society for Human Rights reported that the justices deemed military courts unsuitable for exercising judicial authority.

In a bid to address past concerns, the amendment stipulates that officials overseeing these military tribunals must possess relevant legal qualifications and training while also being required to execute their duties independently and impartially. Nonetheless, civilians can still be transferred to military court if apprehended with military hardware.

According to army spokesperson Col Chris Magezi, this law aims to decisively tackle armed violence, deter the emergence of militant political factions, and enhance national security. However, criticism has been directed towards the law by opposition leader Bobi Wine, who argues it is aimed particularly against opposition figures.

The Uganda Law Society has expressed intentions to contest the law's constitutionality, citing fears that military courts will continue to be wielded by the government to stifle dissent. Human rights lawyer Gawaya Tegulle underscored this worry, stating that political opponents would likely face unfair trials in military courts—often resulting in harsh penalties compared to civilian jurisdictions.

Highlighting the law's implications, the high-profile case of opposition figure Kizza Besigye, detained under military accusations after being apprehended in Kenya, underscores concerns about the practical application of such military trials. The Supreme Court ruling eventually led to the transfer of his case to civilian courts.

Since taking office in 1986, Museveni contended that the judiciary's decisions should reflect the will of the populace rather than solely the judiciary. He defended military courts as necessary to manage rampant criminal activities and the urgent handling of armed suspects, claiming civilian systems are overloaded and inefficient in swift responses to such criminal threats.