Uganda Today Edition: So Will Civilians Found In Possession Of Ulinzi Condoms Be Dragged To Court Martial?
Uganda’s UPDF Amendment Bill: A Step Backwards for Civil Liberties and Rule of Law
On May 20, 2025, Uganda’s Parliament passed the controversial Uganda People’s Defence Forces (UPDF) Amendment Bill, reinstating the trial of civilians in military courts. This move has drawn sharp criticism from legal experts, civil society organizations, and ordinary citizens who fear it undermines constitutional rights and sets a dangerous precedent for the country’s judicial independence.
A Reversal of Judicial Progress
The amendment directly contradicts a landmark Supreme Court ruling on January 31, 2025, which declared the trial of civilians in military courts unlawful. The Court emphasized that military tribunals lack the independence and impartiality required under international law, particularly when composed of military officers within the command structure of the security forces.
In response to the Supreme Court’s decision, Cabinet had previously approved reforms to the UPDF Act, including the establishment of the General Court Martial (GCM) as a division of the High Court, with jurisdiction over capital criminal cases involving both military officers and civilians. The reforms also mandated that all GCM members be competently trained lawyers and that the chairman be at the level of a High Court judge.
However, the recent amendment appears to disregard these reforms, reinstating provisions that allow for the trial of civilians in military courts, raising concerns about the erosion of judicial independence and the potential for misuse of military tribunals.
Concerns Over Civilian Rights and Freedoms
One of the most contentious aspects of the amendment is its potential impact on ordinary citizens. Under the new law, civilians found in possession of items such as condoms—previously distributed by the UPDF to the general public—could face prosecution in military courts. These items, often referred to as “life guards,” have been supplied to various public institutions, including police stations, and are commonly used by the public.
Legal experts argue that the possession of such items by civilians should not be criminalized, as they are not inherently harmful and have been distributed by the state for public health purposes. The amendment’s provisions could lead to arbitrary arrests and trials, particularly targeting individuals who may be unaware of the legal implications of possessing these items.
Political Implications and Public Perception
The timing of the amendment has raised suspicions about its political motivations. Critics argue that the reinstatement of civilian trials in military courts could be used to suppress political dissent and opposition, particularly in the lead-up to upcoming elections. The use of military tribunals to try civilians, especially those with political affiliations, has been a point of contention in Uganda’s legal landscape.
The amendment’s provisions could disproportionately affect opposition supporters, activists, and civil society organizations, who may find themselves subject to military justice for actions that would typically fall under the jurisdiction of civilian courts. This raises serious concerns about the potential for political persecution and the stifling of free expression and association.
Seeking Clarity and Legal Guidance
Citizens are now left grappling with the implications of the new law. Many are uncertain about the legal boundaries concerning the possession of items previously distributed by the UPDF and fear the possibility of facing military trials. Legal experts and civil society organizations are calling for immediate clarification from Parliament and the Ministry of Defence on the scope and application of the amendment.
In the meantime, ordinary Ugandans are urged to exercise caution and seek legal counsel if they find themselves in possession of items that could be construed as military stores. The ambiguity surrounding the amendment underscores the need for a transparent and accountable legal framework that upholds the rights and freedoms of all citizens.
As the nation grapples with these developments, the question remains: Will Uganda continue to uphold the principles of justice and fairness, or will it regress into a system where military power supersedes civilian rights? The answer lies in the hands of the country’s leaders and its citizens, who must collectively advocate for a legal system that serves all, not just the few.
For legal advice or to report concerns related to the UPDF Amendment Bill, citizens are encouraged to contact the Uganda Law Society or other reputable legal aid organizations.
Published by www.ugandatoday.co.ug, your trusted source for news and analysis
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