Uganda to Proceed with Military Trials for Civilians Despite Supreme Court Verdict

Uganda’s parliament has passed a controversial bill authorizing military tribunals to try civilians, reigniting fierce debate and drawing condemnation from opposition leaders and human rights groups. The legislation, approved on a Tuesday, comes just months after Uganda’s Supreme Court ruled in January that military courts lacked the legal authority to prosecute civilians and did not meet fair trial standards. Despite the court’s decision, lawmakers pushed ahead with the bill, asserting it was necessary for maintaining national security.

General Muhoozi Kainerugaba, the head of the Ugandan military and son of President Yoweri Museveni, praised the bill’s passage, calling lawmakers “fearless patriots” and stating that Uganda would remember their commitment. Kainerugaba’s remarks came amid controversy, as he had earlier claimed to be detaining a missing opposition activist in his basement and had made threats against him. The activist's political party had earlier accused the government of abducting him.

Supporters of the bill, including the military establishment, argue that the legislation is crucial for addressing threats posed by armed groups and maintaining the stability of the state. Military spokesperson Chris Magezi justified the bill by saying it would allow the state to deal effectively with violent criminals, prevent the formation of militant political groups aiming to undermine democratic processes, and ensure a stable security environment in Uganda.

However, the move has provoked backlash from opposition figures, legal experts, and international human rights organizations. Critics view the bill as an unconstitutional measure aimed at suppressing dissent and weakening political opposition. Opposition MP Jonathan Odur spoke out during the parliamentary debate, calling the bill “shallow, unreasonable, and unconstitutional,” and emphasized that there is no legal foundation for trying civilians in military courts.

Uganda has a long and controversial history of using military courts to prosecute critics and opposition figures. Over the years, numerous politicians and activists have faced charges in such tribunals. In 2018, prominent pop star-turned-politician Bobi Wine was charged in a military court for allegedly possessing firearms illegally—a charge that was later dropped. Similarly, veteran opposition leader Kizza Besigye, who has repeatedly challenged Museveni in elections, was arrested in Kenya in 2023 and brought back to Uganda to face a military tribunal. His case was later transferred to a civilian court following the Supreme Court ruling, but his party, the People’s Front for Freedom (PFF), denounced the charges as politically driven.

Human rights organizations have voiced deep concern over the bill. Human Rights Watch (HRW) has consistently criticized Uganda’s use of military tribunals, arguing that they lack judicial independence and fail to meet international fair trial standards. Oryem Nyeko, a senior Africa researcher at HRW, reiterated earlier this year that Ugandan authorities have long misused military courts to silence opponents and stifle dissent.

In essence, the new legislation marks a significant setback for judicial reform and civil liberties in Uganda. While the government defends it as a measure for national security, critics argue it erodes democratic principles and judicial fairness. The continued use of military tribunals for civilians, despite a clear Supreme Court ruling, underscores broader concerns about authoritarianism and the rule of law in the country.