The Ugandan government is pushing forward with controversial legislation that would allow military tribunals to prosecute civilians under certain circumstances, defying a recent Supreme Court ruling that outlawed the practice.
Justice and Constitutional Affairs Minister Nobert Mao confirmed on Thursday that a draft of the proposed law has been completed and is awaiting cabinet approval before it can be introduced in parliament. Mao told lawmakers the new legislation would define “exceptional circumstances under which a civilian may be subject to military law.”
The move comes just months after Uganda’s Supreme Court ruled in January that the military prosecution of civilians was unconstitutional. That landmark ruling forced the government to transfer several high-profile cases, including that of opposition figure Dr. Kizza Besigye, to civilian courts.
Dr. Besigye, a four-time presidential candidate and longtime political rival of President Yoweri Museveni, has been detained for nearly five months. He was arrested in neighboring Kenya in November and subsequently handed over to Ugandan authorities. The government charged him before a military court-martial with illegal possession of firearms and other offenses—charges his lawyers insist are politically motivated.
Human rights activists and opposition politicians have long accused President Museveni’s administration of using military courts to silence dissent by trying opposition leaders and their supporters under the guise of national security. The government has consistently denied the accusations, insisting the military tribunals are used only where national interest is at stake.
If enacted, the new law could reopen the door for Besigye and others to be tried again by the military, despite the Supreme Court’s earlier ban. The proposal has already sparked concerns among civil society groups, who warn it could undermine judicial independence and deepen the repression of political opposition.
Uganda’s parliament, which is dominated by Museveni’s ruling party, is expected to debate the proposed legislation once it clears the cabinet. Critics argue that passing such a law would represent a step backwards for democracy and the rule of law in the country.
