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The United Nations (UN) High Commissioner for Human Rights, Volker Türk, on Friday sharply criticized recent legislation that allows civilians in Uganda to be tried in military courts. This comes in response to the Uganda People’s Defence Forces (UPDF) Amendment Bill 2025, which was passed by parliament on Tuesday.
In January, the Supreme Court of Uganda ruled in the case Attorney General v Kabaziguruka, declaring that the General Court Martial (GCM) lacked jurisdiction to try civilians under the UPDF Act of 2005. The court stated that provisions in the UPDF Act subjecting civilians to trials in military courts were being used in violation of the country’s constitution.
The bill passed by parliament on Tuesday defines military court jurisdiction over civilians in specific situations. The bill states that civilians who voluntary accompany military units can be subject to military law. The bill also notes that civilians in possession of firearms or ammunition can be tried in military courts. Under the bill, civilians are generally treated as as militants of private rank, which is the lowest rank of enlisted personnel.
The bill will become law once signed by President Yoweri Museveni. Museveni previously expressed his dissatisfaction with the January supreme court ruling: “If you are not a soldier, why do you arm yourself with guns…Why can’t [our country] provide that a criminally minded civilian that acquires a gun for criminal intentions, be tried in a military court?”
UN High Commissioner Türk in Friday’s statement described the bill as “retrogressive”, arguing that it will “contravene international human rights law obligations.” Türk writes:
The updated bill aims to address both points. Section 202(B)(3) of the bill states that members of the Military Courts Department shall be appointed “in consultation” with the Judicial Service Commission, indicating an integration with civilian bodies following section 142 of the constitution. Section 202(B)(4) states that the functions of the Military Courts Department “shall be guided by the constitution and the laws of Uganda.”
The authority outlined in the updated bill is not wholly without legal standing. Section 210 of the constitution assigns parliament the authority to regulate the UPFD; Section 129(1)(d) states that courts established under parliamentary law are empowered to administer justice. This poses complicated questions about the rule of law.
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In January, the Supreme Court of Uganda ruled in the case Attorney General v Kabaziguruka, declaring that the General Court Martial (GCM) lacked jurisdiction to try civilians under the UPDF Act of 2005. The court stated that provisions in the UPDF Act subjecting civilians to trials in military courts were being used in violation of the country’s constitution.
The bill passed by parliament on Tuesday defines military court jurisdiction over civilians in specific situations. The bill states that civilians who voluntary accompany military units can be subject to military law. The bill also notes that civilians in possession of firearms or ammunition can be tried in military courts. Under the bill, civilians are generally treated as as militants of private rank, which is the lowest rank of enlisted personnel.
The bill will become law once signed by President Yoweri Museveni. Museveni previously expressed his dissatisfaction with the January supreme court ruling: “If you are not a soldier, why do you arm yourself with guns…Why can’t [our country] provide that a criminally minded civilian that acquires a gun for criminal intentions, be tried in a military court?”
UN High Commissioner Türk in Friday’s statement described the bill as “retrogressive”, arguing that it will “contravene international human rights law obligations.” Türk writes:
The Supreme Court’s previous ruling notes that section 28(1) of the constitution entitles citizens to face trial “before an independent and impartial court or tribunal established by law.” Further, section 44(c) of the constitution states that “the right to fair hearing” cannot be impinged.
The updated bill aims to address both points. Section 202(B)(3) of the bill states that members of the Military Courts Department shall be appointed “in consultation” with the Judicial Service Commission, indicating an integration with civilian bodies following section 142 of the constitution. Section 202(B)(4) states that the functions of the Military Courts Department “shall be guided by the constitution and the laws of Uganda.”
The authority outlined in the updated bill is not wholly without legal standing. Section 210 of the constitution assigns parliament the authority to regulate the UPFD; Section 129(1)(d) states that courts established under parliamentary law are empowered to administer justice. This poses complicated questions about the rule of law.
The post UN Official condemns Uganda bill allowing civilians to be tried in military courts appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.