Uganda: Human Rights Advocates Criticise Museveni's Defense of Trying Civilians in Military Courts

12 December 2024

President Museveni's recent defense of trying civilians in military courts has sparked criticism from legal minds and human rights advocates.

They argue that this approach undermines fundamental human rights and breaches the principle of equality before the law.

In a letter justifying the practice, Museveni stated that prosecuting civilians in military courts has reinforced peace and security, particularly by addressing cases involving illegal possession of firearms.

"Indeed, Uganda and many parts of Africa were and, in some cases, are still disturbed by these unprincipled actors. This is why that law provided that since you became a 'soldier,' albeit an illegal one, you be tried by a court-martial because it is the one that deals with guns," he explained.

However, human rights advocates are urging the Supreme Court to expedite its ruling on the legality of this practice.

Dr. Livingstone Sewanyana, Executive Director of the Foundation for Human Rights Initiative (FHRI), noted that military courts are designed to address military-specific issues.

"Despite some of the successes the president has mentioned, it remains, in principle, unacceptable for military courts to try civilians," Sewanyana emphasised.

"Military tribunals are meant for serving military officers, and their processes do not meet the fairness standards of civilian courts," he added.

Hamza Ssekidde, a human rights lawyer, criticised the president's argument, saying it sets a dangerous precedent.

"There is the application of double standards because we have seen people committing offenses involving gun violence being competently tried in civilian courts. We have seen rebels closely affiliated with the ADF being tried in civilian courts and convicted. This is exercising double standards," Ssekidde highlighted.

Legal experts also expressed hope in the pending Supreme Court ruling, which could provide clarity on whether civilians should face military justice.

"We believe the Supreme Court will uphold justice and ensure that civilians are tried in civilian courts, as mandated by the constitution," Sewanyana added.

Advocates warn that continuing this practice will worsen Uganda's human rights record.

"We call on the judiciary to affirm the rule of law and stop the misuse of military courts to prosecute civilians," said Ssekidde.

The debate highlights a growing concern over the balance between national security and adherence to human rights in Uganda.

AllAfrica publishes around 600 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.