Uganda’s government is preparing to introduce legislation that would allow civilians to be tried before military courts, a move that directly challenges a recent Supreme Court ruling outlawing the practice.
The proposed law, which is awaiting Cabinet approval before heading to Parliament, seeks to establish a legal framework under which civilians could face military prosecution in what officials describe as “exceptional circumstances.”
Justice and Constitutional Affairs Minister Nobert Mao announced the draft law during a parliamentary session late Thursday, stating it would define the specific conditions where military jurisdiction could apply to civilians.
The initiative has reignited concerns among human rights groups and opposition leaders who accuse President Yoweri Museveni’s administration of using military courts as tools of political repression. For years, critics have argued that the military justice system has been employed to prosecute dissenting voices and opposition figures under charges they say are designed to stifle opposition.
The Supreme Court’s ruling in January barred the prosecution of civilians in military tribunals, prompting the transfer of several high-profile cases—including that of veteran opposition leader and former presidential candidate Kizza Besigye—to civilian courts.
Besigye has remained in detention for nearly five months. He was apprehended in neighbouring Kenya in November and extradited to Uganda, where he was charged in a military court with illegal possession of firearms among other alleged offences. His legal team maintains the charges are politically motivated.
Should the new law be enacted, it could pave the way for Besigye’s case to be returned to a military court. Analysts warn that such a move could undermine the independence of Uganda’s judiciary and reverse recent gains in the protection of civil liberties.
The Museveni government denies any misuse of military courts, insisting that national security and exceptional legal contexts justify such measures. However, rights groups have described the proposed legislation as a thinly veiled attempt to expand executive power and silence dissent.
As Uganda awaits Parliament’s debate on the bill, legal experts and civil society organizations are calling for transparency and caution, warning that the country’s constitutional order and international standing hang in the balance.