Militarizing justice: The prosecution of civilians and the shrinking of civic space in Uganda
by admin on | 2025-07-02 05:49:01 Last Updated by admin on 2025-07-03 09:40:00
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The growing use of military courts to prosecute civilians in Uganda raises urgent concerns about judicial overreach, authoritarian entrenchment, and the erosion of democratic protections nationwide and across society. This paper, grounded in a desk-based review of constitutional provisions, military justice laws, academic literature, and human rights reports, critically examines how military tribunals are increasingly employed beyond their intended scope to undermine civil liberties and suppress dissent. Initially established to discipline members of the armed forces, Uganda’s military courts are now frequently used to target activists, opposition figures, and government critics. One notable example is the prosecution of Dr. Kizza Besigye before the General Court Martial, where he and co-accused civilians were charged with unlawful possession of firearms and treason. Despite constitutional guarantees of a fair trial, the case proceeded in a military court, raising concerns over procedural irregularities, prolonged detention, and lack of independent oversight. Legal experts and human rights groups widely criticized the trial as politically motivated and contrary to civilian judicial norms. The paper interrogates the legality and constitutionality of such practices, examining their alignment with Uganda’s Bill of Rights and international human rights standards. It argues that the prosecution of civilians in military courts corrodes judicial independence, weakens public confidence in legal institutions, and accelerates the shrinking of civic space. The analysis concludes with recommendations for legal and institutional reforms aimed at reaffirming civilian jurisdiction, upholding due process, and protecting democratic freedoms. In doing so, the paper contributes to broader regional debates on the instrumentalization of law to consolidate authoritarian rule in East Africa...Read more
