As parliament prepares to deliberate the UPDF Amendment Bill (2025), which seeks to reinstate the trial of civilians in military courts, we find ourselves at a critical juncture in our nation’s commitment to constitutionalism and the rule of law.
This proposed legislation raises profound concerns about the potential weaponization of legal frameworks against ordinary citizens—a prospect that should alarm every Ugandan who values justice and democratic principles.
The recent case involving Dr Kizza Besigye and Obeid Lutale serves as a stark reminder of the precariousness of our legal landscape. Their arrest and subsequent transfer to Uganda without due adherence to proper extradition protocols pose serious questions about sovereignty and the integrity of our judicial process.
Such actions not only violate the rights of individuals but also set dangerous precedents for how we respect legal jurisdiction and due process across borders. Parliamentarians must recognize that the decision to try civilians in military courts fundamentally undermines the principles enshrined in our Constitution—principles that emphasize judicial independence and the right to a fair trial.
Military courts, by their very nature, lack the safeguards necessary to ensure that justice is administered transparently and equitably. This lack of accountability raises the specter of arbitrary justice, where the rights of individuals can be trampled in the name of state security or political expediency.
The historical context cannot be overlooked. The Constitutional court’s clear ruling in 2015 regarding the General Court Martial’s lack of jurisdiction over civilian matters highlighted a crucial understanding: civilians deserve to be tried under civilian law, where their rights are protected by the rigorous standards of the judicial system.
The attorney general’s appeal to the Supreme court only complicated matters further and raised suspicions about the government’s motives. What is at stake here is not merely a legal procedure, but the foundational integrity of our democracy.
As citizens, we must be vigilant. The potential for the law to be wielded as a tool of oppression looms large if Parliament succumbs to the temptation to pass this bill.
The implications are profound: a legal system that prioritizes military authority over civilian rights sends a chilling message about the state’s willingness to curtail freedoms in the name of control. This is not just a matter of legal procedure; it is about the very essence of who we are as a society.
We must demand that our lawmakers uphold the Constitution and reject any attempts to erode judicial independence. Our legal system must serve as a shield against injustice, safeguarding the rights of all citizens regardless of their political beliefs or affiliations. To do otherwise is to invite the specter of tyranny.
In this moment of uncertainty, let us stand firm in our commitment to the principles of justice, equality, and respect for human rights. We must advocate for a legal framework that honors the Constitution and protects the rights of every individual.
The jury may be out on parliament, but the voices of the people must rise in unison to ensure that our laws are not manipulated to serve the interests of the few at the expense of the many. As we engage in this critical dialogue, let us remember that a society that truly respects the rule of law is one where justice is not just an ideal, but a lived reality for all.
The time to act is now; we must hold our leaders accountable and insist that they prioritize the principles that lie at the heart of our democracy. Only then can we build a future that honors the dignity and rights of every Ugandan.
Parliament needs to ask itself, simply: 1.What is the government fearing about civilian courts trying certain civilians of interest the government;
2. In the government’s view, what value add does the court martial bring to some civilian cases; and 3. Is it possible that the very value add the government is seeking is what makes trying civilians in the court martial unaccepted?
Example: On February 3, 2025 media quoted the CDF’s office saying: UNDER NO CIRCUMSTANCES WILL COL. KIZZA BESIGYE BE RELEASED UNTIL HE FACES THE FULL EXTENT OF MARTIAL LAW. The final decision on this matter will be taken by the CIC and Chairman of the High Command. To this day, Besigye is still in prison.