Uganda is considering a bill authorizing the prosecution of civilians by military courts, arousing debates on human rights and national security.

The bill under development in Uganda, which would consider the reintroduction of military courts to judge civilians, raises a complex debate within Ugandan society. In a context marked by persistent political tensions and concerns about human rights, this initiative comes after a recent decision of the Supreme Court which challenged the jurisdiction of military courts in civil affairs. The question that arises is that of the delicate balance to find between the need to guarantee national security and respect for civil rights. While legislation could have significant implications for Ugandan justice and policy, it arouses reflections on the future of a judicial system already plagued by criticism. The challenges of this situation are multiple, and an open dialogue between government, civil society and citizens seem crucial to walk towards a lasting solution.
### The law proposed in Uganda: responses and reflections on an evolving legal system

The bill in progress by the Ugandan government, aimed at allowing military courts to judge civilians for certain crimes, raises significant concerns in human rights defense and political opponents. This project follows a historic decision of the Supreme Court of Uganda, which, in January 2024, invalidated the capacity of military courts to treat civil affairs, already arousing notable changes in the country’s judicial landscape.

### A historical context

Uganda, under the chairmanship of Yoweri Museveni, has experienced periods marked by political tensions and allegations of human rights violations. Critics say the government uses military courts to pursue political opponents of accusations perceived as motivated by political reasons. This dynamic raises a crucial question: is it still possible to establish a balance between national security and the protection of civil rights within the framework of justice in Uganda?

### The implications of the new legislation

The bill, which awaits the approval of the cabinet before being submitted to Parliament, could reintroduce a judicial mechanism which was criticized for its partiality. This could allow the government to judge political figures, such as the emblematic case of Kizza Besigye, a former presidential candidate, whose recent transfer to civil courts seems to have been a response to public pressure and international criticism.

Besigye’s situation is emblematic of tensions surrounding Ugandan policy. Arrested for illegal possession of firearms, among other accusations, his long stay in detention arouses questions about the impartiality of the judicial system. The reintroduction of a gray area, where military courts can interfere in civil affairs, could intensify this situation, making confidence in the justice system even more fragile.

## Civil society reactions

Human rights defenders are concerned about potential abuses caused by this legislation. Human rights organizations, such as those mentioned by Fatshimetrics, have highlighted the implications of such a law as a step back in the fight for democracy in Uganda. They fear that this will lead to increased repression of dissident voices and a weakening of civil freedoms.

The questions raised by these accusations underline the need for an open dialogue between the government, civil society and the population. How does the government intend to guarantee that this legislation will not be used for political purposes, but rather to maintain security in a fair and fair way?

### to a lasting solution

In order for Uganda to sail in these tumultuous waters, it seems essential to promote a responsibility mechanism that takes into account the concerns of all stakeholders. The development of a transparent judicial framework, legitimate and respectful of civil rights will be fundamental to reassuring the population.

This framework could include initiatives such as internal public consultations on proposed laws, dialogues between the government and opposition groups, and increased vigilance of international organizations. These steps could offer a new path to approach security issues while preserving democratic principles.

### Conclusion

The bill in question testifies to the complexity of the political and judicial landscape in Uganda. If national security is a necessity, it should not be done at the expense of human rights and the rule of law. Discussions on these critical issues must continue, not only to shed light on government decisions, but also to promote a climate of confidence in Ugandan society. The opening of an inclusive dialogue may well be the key to building a fair and more stable Uganda, where justice is not only done, but also perceived as just by all its citizens.

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