The United Nations High Commissioner for Human Rights, Volker Türk, recently expressed significant concerns over the Uganda People’s Defence Forces (UPDF) Amendment Bill 2025, which was passed by Uganda’s parliament. This legislation allows for civilians to be tried in military courts, a move Türk described as “retrogressive” and inconsistent with international human rights law. His comments arrive amid a backdrop of increasing political tension in Uganda, marked by arrests and harassment of opposition members.
This legislative development follows a decision earlier this year by the Supreme Court of Uganda. In Attorney General v Kabaziguruka, the court ruled that the General Court Martial (GCM) was overstepping its jurisdiction by trying civilians, as per the UPDF Act of 2005. The court clarified that such provisions were contrary to Uganda’s constitution, which promises a fair trial to its citizens before an independent and impartial tribunal, as stated in sections 28(1) and 44(c).
The bill stipulates that civilians accompanying military units or possessing firearms can be subject to military law, effectively treating them as the lowest rank of enlisted personnel. President Yoweri Museveni is expected to sign the bill into law, having previously expressed dissatisfaction with the Supreme Court’s ruling that restricted military courts from trying civilians. He argued that civilians armed for criminal purposes should justifiably be tried by military courts.
The passage of this bill raises complex issues of legal jurisdiction and human rights. It suggests an attempted reconciliation between military and civilian legal frameworks, notably through the requirement for Military Courts Department members to consult with the Judicial Service Commission, aligning with section 142 of the Ugandan constitution. However, while sections 210 and 129(1)(d) of the constitution give parliament the authority to regulate the UPDF and establish courts, questions about military court jurisdiction over civilians persist.
More details can be found in the official statement from the UN’s human rights office, as well as the text of the UPDF Amendment Bill itself.