The recent signing of an amendment by Uganda's President Yoweri Museveni reinstates the controversial practice of allowing military trials for civilians under certain conditions. This move follows a ruling by the Supreme Court in January that deemed the previous law unconstitutional. Under the prior legislation, civilians could be tried in military courts if found in possession of military items such as firearms or army gear—a situation critics argued was exploited for targeting political adversaries.
Despite a robust police presence and a boycott from opposition members during parliamentary discussions last month, the amendment passed. The opposition claims the change undermines the Supreme Court’s authority, as the judges previously ruled that military courts lack the impartiality necessary for judicial functions, according to reports from the International Society for Human Rights.
In response to these concerns, the amendment incorporates stipulations aimed at enhancing judicial standards within military tribunals, requiring presiding officers to have appropriate legal qualifications and emphasizing the need for impartiality. However, the provision allowing for the trial of civilians possessing military paraphernalia remains controversial.
Army spokesperson Col Chris Magezi defended the law, asserting it would better combat violent crime and prevent the rise of militant political factions that threaten democratic integrity. In stark contrast, opposition leader Bobi Wine criticized the amendment, claiming it would target dissenters and silence political opposition.
The Uganda Law Society has voiced intentions to legally challenge the amendment's constitutionality, highlighting a long-standing fear among activists that military courts perpetuate government oppression. Concerns persist that such courts may vendetta against political opponents, with allegations of evidence tampering and unjust detentions unresolved for extended periods.
A recent instance involving prominent opposition figure Kizza Besigye exemplifies these fears. After being apprehended in Kenya, he faced military charges related to weapon possession, although those accusations were later withdrawn, only to be replaced with different charges in a civilian court after the Supreme Court’s intervention.
As President Museveni, who has held power since 1986, reiterated his belief that governance is determined by the populace rather than judicial rulings, this amendment signifies a pivotal moment in Uganda’s legal landscape, where the struggle for judicial integrity and political accountability continues.
Despite a robust police presence and a boycott from opposition members during parliamentary discussions last month, the amendment passed. The opposition claims the change undermines the Supreme Court’s authority, as the judges previously ruled that military courts lack the impartiality necessary for judicial functions, according to reports from the International Society for Human Rights.
In response to these concerns, the amendment incorporates stipulations aimed at enhancing judicial standards within military tribunals, requiring presiding officers to have appropriate legal qualifications and emphasizing the need for impartiality. However, the provision allowing for the trial of civilians possessing military paraphernalia remains controversial.
Army spokesperson Col Chris Magezi defended the law, asserting it would better combat violent crime and prevent the rise of militant political factions that threaten democratic integrity. In stark contrast, opposition leader Bobi Wine criticized the amendment, claiming it would target dissenters and silence political opposition.
The Uganda Law Society has voiced intentions to legally challenge the amendment's constitutionality, highlighting a long-standing fear among activists that military courts perpetuate government oppression. Concerns persist that such courts may vendetta against political opponents, with allegations of evidence tampering and unjust detentions unresolved for extended periods.
A recent instance involving prominent opposition figure Kizza Besigye exemplifies these fears. After being apprehended in Kenya, he faced military charges related to weapon possession, although those accusations were later withdrawn, only to be replaced with different charges in a civilian court after the Supreme Court’s intervention.
As President Museveni, who has held power since 1986, reiterated his belief that governance is determined by the populace rather than judicial rulings, this amendment signifies a pivotal moment in Uganda’s legal landscape, where the struggle for judicial integrity and political accountability continues.
