THE Ugandan government is advancing legislation to allow military tribunals to try civilians for certain offences, despite a landmark Supreme Court ruling in January 2025 that declared the practice unconstitutional and ordered all such cases transferred to civilian courts. The proposed law, currently awaiting cabinet approval before being introduced to parliament, would define “exceptional circumstances under which a civilian may be subject to military law,” according to Justice and Constitutional Affairs Minister Nobert Mao.
For years, military courts in Uganda have tried hundreds of civilians, particularly opposition politicians and government critics. Human rights groups and opposition leaders argue these tribunals have been used to target political opponents with charges they say are politically motivated, undermining the fairness and impartiality of the justice system. The military courts, established under the 2005 Uganda Peoples’ Defence Forces (UPDF) Act, are run by military officials who are not required to have legal qualifications and can hand down severe sentences, including the death penalty.
The Supreme Court’s January 2025 decision was hailed by rights advocates as a major victory for the right to a fair trial, ordering the immediate cessation of all ongoing military trials of civilians and their transfer to civilian courts. The ruling specifically struck down section 117 of the UPDF Act, which had allowed civilians to be tried in military courts for aiding or abetting military personnel in service offences. This decision forced the government to move high-profile cases, including that of veteran opposition leader Kizza Besigye, to civilian courts.
The Museveni administration insists the new law is necessary for national security and denies allegations of abuse or political targeting. However, opposition politicians and human rights groups have condemned the move as a blatant attempt to circumvent the Supreme Court’s ruling and further entrench repression ahead of the 2026 general elections. Critics warn that the proposed law could see civilians like Besigye, who has been detained for months on charges his lawyers call politically motivated, returned to military courts.
The government’s push to blur the lines between military and civilian courts is seen by many as a direct challenge to judicial independence and constitutional protections. Human rights defenders argue that military courts lack the safeguards necessary to ensure impartiality and have historically failed to meet domestic and international standards for fair trials.
As Uganda approaches its 2026 elections, the proposed law to allow military trials for civilians has intensified concerns about the use of the justice system to stifle dissent and target political opposition. The outcome of this legislative effort will be a critical test of the balance between national security and the protection of fundamental rights in Uganda.
