In a significant and contentious move, President Yoweri Museveni of Uganda has signed into law an amendment allowing civilians to be subject to military trials under specific conditions. This change comes after a previous law permitting such trials was deemed unconstitutional by the Supreme Court in January. Before the ruling, civilians considered to possess military equipment, such as firearms or army fatigues, could be tried in military tribunals. Critics of the former law argued it was often leveraged by the government to quash dissent.
The recent amendment was passed by parliament under a heavy police presence, with opposition lawmakers boycotting the process, asserting that it contradicts the Supreme Court’s ruling. The judges had previously identified military courts as lacking in impartiality and competence to fulfill judicial roles, as reported by the International Society for Human Rights.
In efforts to address concerns, the amendment stipulates that personnel overseeing military tribunals must possess relevant legal qualifications and adhere to principles of independence and impartiality while fulfilling their roles. Nevertheless, civilians can still face military trials if found with military hardware. Army spokesperson Colonel Chris Magezi justified the legislation, claiming it would effectively combat armed violence and deter extremist political factions.
Opposition leader Bobi Wine warned that the law would primarily target dissidents like himself, stating, “All of us in the opposition are being targeted by the act.” The Uganda Law Society, representing the country’s legal professionals, has announced plans to challenge the amendment's constitutionality, reflecting widespread apprehension regarding its implications.
Human rights activists have expressed deep concerns about the misuse of military courts for political suppression. Human rights lawyer Gawaya Tegulle warned that opponents of the government could face daunting challenges within military courts, where decisions are often delayed by higher military authorities, leading to prolonged detentions without fair trials.
A recent incident involving Kizza Besigye, a prominent opposition figure, exemplified these risks. After being arrested in Kenya and charged with illegally possessing weapons in a military court, his case was ultimately transferred to civilian courts following the Supreme Court's intervention. Museveni, who has held power since 1986, criticized the Supreme Court's ruling, affirming that governance should reflect the will of the populace rather than judicial decisions.
As Uganda continues to grapple with significant political tensions under Museveni's extended rule, the new law raises critical questions about the future of civil rights and judicial integrity in the country.
