Uganda's President Yoweri Museveni has formally signed a contentious amendment that permits the trial of civilians in military courts under specific circumstances, rekindling debates over judicial fairness in the country. This action comes after the Supreme Court previously deemed such trials unconstitutional in January, leading to heightened scrutiny of military tribunals.
Prior to the ruling, laws existed allowing civilians to face military courts if they were discovered in possession of military gear, such as firearms or uniforms. Activists have long contended that the legislation was often manipulated to target government critics. Following the recent parliamentary approval of this amendment amid a heavy police presence and opposition boycotts, concerns have escalated regarding its implications for civil liberties.
This latest amendment does attempt to address past issues, mandating that judges overseeing military tribunals possess suitable legal qualifications and that their conduct be characterized by impartiality and independence. Nevertheless, civilians can still be prosecuted if found with military hardware, raising alarms about the law's potential for misuse.
Military spokesperson Col Chris Magezi defended the legislation, claiming it will effectively combat armed violence while deterring political militancy. In contrast, opposition leader Bobi Wine expressed that the amendment primarily serves to oppress the opposition. He asserted, "All of us in the opposition are being targeted by the act."
The Uganda Law Society announced plans to contest the constitutionality of this amendment. Human rights advocates have repeatedly raised concerns about the military's judicial processes, fearing they serve as instruments for silencing dissenting voices, where evidence can be manipulated to secure convictions.
Lawyer Gawaya Tegulle highlighted the grim realities of military court operations, noting the potential for lengthy pretrial detentions and severe penalties compared to civilian courts. A notable case under scrutiny involved opposition figure Kizza Besigye, who was extradited from Kenya and initially charged in military court but later had those charges modified when his case was shifted to a civilian court due to the Supreme Court's decision.
Museveni, who has ruled Uganda since 1986, criticized the Supreme Court ruling as a misguided decision, asserting that governance is reliant on popular will rather than judicial dictates. He previously argued for military courts' necessity in handling the rampant criminal activities attributed to gun violence, claiming civilian courts cannot handle these pressing issues expeditiously.
